HomeMy WebLinkAboutOrdinance No. 2001-25 � , � , ,, , �
ORDINANCE NO. 2001-25
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY
OF FRIENDSWOOD, TEXAS, BY STRIHING ALL OF ARTICLE II OF
CHAPTER 3 THEREOF AND SUBSTITUTING THEREFOR A NEW ARTICLE
II OF CHAPTER 3; PROVIDING RULES AND REGULATIONS GOVERNING
THE KEEPING AND LICENSING OF ANIMALS; PROVIDING DEFINTIONS;
ESTABLISHING THE POWERS AND DUTIES OF THE CITY'S ANIMAL
CONTROL OFFICERS; REQURING RABIES VACCINATIONS;
ESTABLISHING LICENSING AND PERMITTING FEES; PROVIDING
PROCEDURES FOR REGULATING, QUARANTINING, IMPOUNDING,
CONTROLLING, AND DISPOSING OF DANGEROUS OR RABID ANIMALS;
MAHING IT UNLAWFUL TO KEEP WILD OR EXOTIC ANIMALS WITHIN
THE CITY WITHOUT A PERMIT; MAKING IT UNLAWFUL TO ABANDON
OR DUMP ANIMALS WITHIN THE CITY; MAHING IT UNLAWFUL FOR
ANY PERSON TO FAIL TO PROMPTLY REMOVE AND DISPOSE OF FECES
LEFT BY ANY ANIMAL; PROVIDING THAT OWNERS OF DANGEROUS
ANIMALS MUST CARRY LIABILITY INSURANCE; DECLARING A PUBLIC
NUISANCE; PROVIDING OTHER MATTERS RELATING TO THE
SUBJECT; PROVIDING A PENALTY IN AN AMOUNT NOT TO EXCEED
$2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF;
PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES OR
PARTS ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH; AND
PROVIDING AN EFFECTIVE DATE.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS:
Section 1. The Code of Ordinances of the City of Friendswood, Texas, is hereby
amended by striking all of Article II of Chapter 3 thereof and substituting therefore the
following:
"ARTICLE IL ANIMAL CONTROL.
Sec. 3-15. State law.
Animal population, animal control, prohibition, and exceptions for
keeping wild or exotic animals, rabies vaccination, rabies eradication, licenses,
permits, fees, revocation of permits or licenses, quarantining, impoundment,
nuisances, animal establishments, shall be accomplished and regulated in
accordance and conformance with this Article, Chapter 826 of the Texas Health
and Safety Code, and the "Rabies Control and Eradication" rules of the Texas
ANIMAL CONTROL ORD/1/14/02
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Department of Health, and as implemented by this Article and related regulations
adopted by City Council.
Sec. 3-16. Purpose.
The primary function and intent of this Article is protection of the health,
safety, and welfare of the citizens of the City by controlling the animal population
and establishing uniform rules and regulations for the control and eradication of
rabies.
Sec. 3-17. Definitions.
The following words, terms, and phrases, when used in this Article, shall
have the meaning ascribed to them in this Section, except where the context
clearly indicates a different meaning:
Abandoned animal shall mean any animal that has not been provided with
one (1) or more of the necessities of life, including air, food, water, or protection
from the sun and other elements of nature, or has been left in the custody of
another person without their consent.
Animal shall mean any mammal, domesticated or wild.
Animal at-large shall mean:
(a) Off-premises. Any animal that is not restrained by means
of a leash or chain of sufficient strength, and not more than six (6) feet in
length, designed to control the actions of such animal while off the
owner's property.
(b) On premises. Any animal not confined on the premises of
its owner by a substantial fence of sufficient strength and height to prevent
the animal from escaping therefrom, or secured on the premises by a metal
chain or leash of sufficient strength to prevent the animal from escaping
from premises and so arranged that the animal will remain upon the
premises and not come any closer than ten (10) feet to a public walkway,
sidewalk, street, or property line when the restraint is stretched to full
length, or within sight or voice command of the owner.
Animal control officer shall mean a person designated by the City to
represent and act on behalf of the City in the impounding of animals, controlling
of animals running at-large, issuing citations, serving summons, testifying in
court, and as otherwise required to enforce the provisions of this Article and all
other regulations relating to animals as authorized by state law.
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Animal shelter shall mean any facility operated by the City, a humane
society, municipal agency, or any other governmental entity, or thEir authorized
agents, for the purpose of impounding or caring for animals held under the
authority of this Article or state law.
Auction shall mean any place or facility where animals are regularly
bought, sold, or traded, or where animal are sold to the highest bidder, except
those facilities otherwise defined in this Article. This definition does not apply to
the individual sale of animals by their owners.
Circus shall mean a commercial variety show featuring animals acts for
public entertainment.
City shall mean the City of Friendswood, Texas.
Confined or confinement shall mean restricted within a building, house, or
structure, or within a fenced yard or premises, so that the animal cannot escape
from said building, house, structure, or fenced yard or premises without human
assistance.
Dangerous animal shall mean an animal that has:
(a) made at least one (1) unprovoked attack on a victim, which
did not result in the victim's receiving a severe injury but did result in
some physical injury, such as a laceration or puncture wound to the
victim;
(b) on at least one (1) occasion, although unprovoked, chased
or approached a person or animal victim on a street, sidewalk, or any
public or private property not owned or controlled by the harborer of the
animal, in a menacing manner or with an apparent attitude of attack;
(c) a known propensity, tendency, or disposition to, although
unprovoked to attack, cause injury or threaten the safety of persons or
other animals; or
(d) been declared a dangerous animal previously by the
Director.
Director shall mean the supervisor of the City's animal control department
or his authorized representative.
Domestic Animal shall mean any animal that is habituated to live in or
about the habitations of inen and or family.
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Domesticated Animal shall mean any animal that is not wild or a wild
animal that has been converted to domestic use.
Enclosure shall mean a house or a building, or a fence or a structure/pen;
in order to qualify as an "enclosure," the fence or structure/pen must have
minimum dimensions of five feet by feet (5' x 10'), must be of a height so as to
prevent entry by young children or escape by any dog jumping over it, must be
secured so that a dog cannot climb, dig, or otherwise escape on its own volition,
must be securely locked at all times, must have secure sides to prevent a dog from
escaping from the enclosure in any manner, and must provide protection from the
elements for the animal contained therein.
Exotic animal shall mean the same as "wild animal."
Grooming shop shall mean a commercial establishment where animals are
bathed, clipped,plucked, or otherwise groomed.
High-risk animals shall mean and include skunks, bats, foxes, raccoons,
and other similar animals.
Hobby breeder shall mean any person engaged in the recreational activity
of raising or breeding animals and includes the occasional sale or trade of the
offspring of such animals as a means to recover expenses and reduce the
population of the housed animals. A person engaged in the hobby breeding birds
shall house no more than twenty (20) birds. The City Council of the City,
following recommendation by the Director, shall hereafter establish the necessary
qualifications of a hobby breeder.
Kennel shall mean any building, establishment, place, or premises wherein
any person engages in the boarding, breeding, buying, selling, letting for hire, or
training for a fee any canine or feline animal or animals, or wherein any person
keeps, harbors, owns, or maintains more than four (4) dogs or cats over three (3)
months of age.
Licensing authority shall have the same meaning as "Director."
Livestock shall mean any breed of large domesticated animals, to include
but not limited to cattle, horses, sheep, goats, rabbits, llamas, alpaca and vicuna.
Low-risk animals shall mean all animals of the orders Marsupialia,
Insectivore, Rodentia, Lagomorphs, and Xenartha.
Miniature swine shall mean any member of the swine family that has,
through selective breeding, been genetically manipulated so as to attain a
maximum height of eight (18) inches at the shoulder and a maximum weight of
sixty(60) pounds.
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Multiple dwelling shall mean any structure designed and intended to
accommodate more than one (1) family and includes, but is not limited to, duplex
buildings and apartment buildings.
Owner shall mean any person, partnership, or corporation owning,
keeping, or harboring one (1) or more animals. An animal shall be deemed to be
harbored if it is fed or sheltered for three (3) or more consecutive days.
Person shall mean any individual, partnership, firm, public or private
corporation, association, trust, or estate.
Pet shop shall mean any building, establishment, premises, or place used
for or in the business of buying, selling, trading, or boarding any species of
animal which shall include, but not be limited to, gerbils, hamsters, guinea pigs,
mice, rabbits, birds, dogs, cats, fish, and reptiles. This does not include a licensed
kennel or individual sales of animals by owners. This definition shall not include
hobby breeders, or persons engaged in the raising or breeding of large
domesticated animals such as cattle, horses, goats, or sheep.
Quarantine shall mean complete and total isolation in such a place, in
such a manner, and for a period of time as the Director may prescribe.
Regulatory authority shall mean the Director or his duly authorized
representative.
Riding school or stable shall mean any place that has available for hire,
boarding, and/or riding any horse, pony, donkey, mule, or burro.
TDH shall mean the Texas Department of Health.
Unprovoked attack shall mean an attack by an animal on a victim who, at
the time of the attack by the animal, was not committing a willful trespass or other
tort upon the premises occupied by the owner or harborer of the animal; was not
teasing, tormenting, abusing, or hitting the animal; had not in the past, been
observed or reported to have teased, tormented, abused, or hit the animal; was not
committing or attempting to commit a crime or, if the victim was an animal, an
attack on an animal which, at the time of the attack or bite by the animal, was not
attacking or attempting to attack the animal or the animal's owner, harborer, or
relative of the owner or harborer.
Veterinary hospital shall mean any establishment maintained and operated
by a licensed veterinarian for surgery and the diagnosis and treatment of diseases
and injuries to animals.
Vicious animal shall mean an animal that has:
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(a) while off or on the property of its owner, and without
provocation, killed, severely injured, or mauled a victim;
(b) on two (2) occasions within a twenty-four-month period,
attacked or bitten, without provocation, a victim engaged in a lawful
activity; or
(c) been trained for animal fighting or is owned or kept for the
purpose of animal fighting.
Victim shall mean a person, dog, cat, horse, cow, or other domestic animal
attacked by an animal.
Wild animal shall mean and include any mammal, amphibian, reptile, or
fowl, which is of a species that is wild by nature and of a species, which, due to
size, vicious nature, or other characteristic, is or may be dangerous to human
beings. Such animals shall include, but not be limited to, lions, tigers, leopards,
panthers, lynx, wolves, raccoons, ratites (ostriches, rheas, cassowaries, and emus),
skunks (whether deodorized or not), monkeys whose average weight as an adult
exceeds twenty (20) pounds, foxes, elephants, rhinoceroses, alligators, crocodiles,
and all forms of poisonous reptiles; any species of animal, which is considered
endangered by international, federal, or state regulations. The term "wild
animal," as used in this Article, shall not include ferrets, gerbils, hamsters, guinea
pigs, mice, or rabbits.
Zoological park shall mean a tract of land set aside in a natural or man-
made state and which displays or exhibits more than one (1) exotic animal under
the control and supervision of a professional animal handler and cared for by a
licensed veterinarian. The Director may require proof of animal handling
experience. The park shall be constructed in such a manner as to preclude the
possibility of an animal escaping from such park and its cages or pens. Park
construction, pens, cages, and equipment shall be designed and constructed in
such a manner as to protect the animals and the public. The Director may require
proof of acceptable design and construction. All animals therein and their
enclosures shall be approved by the Director. Where required, all zoological
parks shall be federally inspected and licensed. A park attendant shall be on duty
at all times the park is open or accessible to the public.
Sec. 3-18. Rabies vaccination required.
(a) Immunization period. Each person owning, harboring, or having in
his or her possession a dog or cat shall have such animal vaccinated against
rabies, by the time such animal is four (4) months of age, by means of an anti-
rabies vaccine approved by the TDH, and administered by a duly licensed
veterinarian. Such immunization shall be administered annually and no animal
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over four (4) months of age shall be brought into the City, unless such vaccine
has been administered.
(b) Certificate of vaccination. Any veterinarian who vaccinates any
animal within the City shall issue a certificate of vaccination to the owner
thereof, stating the name and address of the owner, the description of the
animal, the date of vaccination, the identification number of the rabies
vaccination tag, and, in addition, any other information specified by the
veterinary licensing agency to be presented to the Director upon request.
Sec. 3-19. Rabies vaccine administered.
(a) Vaccination. To prevent improper vaccination of animals and the
accidental exposure of humans to rabies, rabies vaccine for animals shall be
administered only by, or under the direct supervision of a veterinarian licensed to
practice in the State of Texas, and in accordance with the recommendation of the
manufacturer.
(b) Sale of vaccine. No person shall sell or distribute rabies vaccine
for animals to any person, except a licensed veterinarian or a person working in a
veterinary clinic who accepts the vaccine on behalf of the veterinarian.
(c) Licensed pharmacy. This Article does not prohibit a pharmacy
licensed by the Texas State Board of Pharmacy from supplying rabies vaccine for
animals to licensed veterinarians.
Sec. 3-20. License required.
(a) License for each animal. Every person owning, harboring, or
having in his or her possession any dog or cat is hereby required to obtain from
the licensing authority an annual license for each such dog or cat, which must be
obtained within seven (7) days following the annual rabies vaccination required
herein. It shall be unlawful for any person to own, harbor, or have in his or her
possession within the City a dog or cat for which a current valid license has not
been obtained as provided herein.
(b) Proof of vaccination. A license for any dog or cat shall not be
issued unless the owner thereof presents to the licensing authority a certificate
from a licensed veterinarian showing that such animal has been administered the
approved rabies vaccine as provided herein.
(c) Tlalid period. Such license and registration required by
Sec. 3-20(a) and Sec. 3-30(i) hereof shall be valid for a period not to exceed one
(1) year, and shall coincide with the beginning and expiration dates of the rabies
vaccination certificate.
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(d) Aniinals brought into City. The owner of a dog or cat that is
brought into the City from other area shall, within seven(7) days of arrival, obtain
a license for each dog or cat as required herein. Said license shall be valid for the
period stated in Sec. 3-20 hereof, but under no condition shall such license be
valid for longer than one (1) year from the date of the animal's last rabies
vaccination.
(e) Tags required. Upon acceptance of the license application or
rabies vaccination certificate, and payment of a license fee, the licensing authority
shall issue a durable tag, stamped with an identification number and the year of
issuance. The tag and/or the receipt for payment of said license tag shall be
presented to the licensing authority upon request. Failure to present such license
tag or receipt for said tag shall constitute a violation of this Article.
(fl Tags attached. The owner of every dog or cat shall attach the
City's license identification tag to a collar or harness and said dog or cat shall
wear the collar or harness at all times when off the premises of the owner. Tags
may not be switched from one animal to another.
(g) Lost tags. The licensing authority shall maintain a record of the
identification numbers of all tags issued and this record shall be available to the
public. If a license tag has been lost, a duplicate tag may be obtained from the
licensing authority for a fee as may be adopted from time to time by resolution of
the City Council.
(h) Exceptions. The licensing provisions of this Section shall not
apply to dogs or cats that are:
(1) under the age of four(4)months, if kept confined.
(2) owned by, or in custody or under the control of, persons
who are not residents of the City, but are only traveling through or
temporarily sojourning therein, for a period not to exceed thirty (30) days.
(3) brought into the City exclusively for the purpose of
participating in any show or exhibition and actually entered in and kept at
such show or exhibition.
(4) duly and properly trained to aid or assist blind persons
when such dogs are actually used for the purpose of aiding or assisting
such persons in going from place to place.
(5) duly and properly trained to aid or assist deaf persons when
such dogs are actually used for the purpose of aiding or assisting such
persons in going from place to place.
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(6) kept in qualified institutions, approved by the Director, for
teaching or research purposes.
(7) kept in veterinary hospitals or animal shelters.
Sec. 3-21. License and registration fees.
Any person required under Sec. 3-20 of this Article to obtain a license for
an animal, or any person required under Sec. 3-30(g) of this Article to register a
dangerous animal, shall obtain said license and/or registration from the Director,
or his authorized representative, and shall pay a license and/or registration fee as
may be adopted from time to time by resolution of the City Council. Such fee
schedule shall be on file in the offices of the City Secretary and the Director.
Sec. 3-22. Permits required for animal establishments.
(a) Valid permit required. Any person conducting, managing, owning,
or maintaining an animal establishment; a kennel, pet shop, riding stable, auction,
zoological park, circus, performing e�ibition, or grooming shop within the City
must display a valid permit for said establishment.
(b) Permit fees. Any person conducting, managing, owning, or
maintaining an animal establishment within the City shall obtain a permit to do so
from the Director and pay a permit fee as may be adopted from time to time by
resolution of the City Council.
(c) Each facility separate. Each and every facility regulated by this
Article and listed in Sec. 3-22(b) hereof shall be considered a separate enterprise
and shall require an individual permit.
(d) Construction plans. All plans for construction of animal
establishments shall be submitted to and approved by the City before any building
permit is issued or any construction is begun. Submission of plans and
compliance with the provisions of this Article shall be the responsibility of the
owner.
(e) Separation from residence. No animal establishment shall be
operated within the confines of a residential structure, unless that portion used for
the animal establishment can be operated separately, with ingress and egress
thereto completely independent from any portion of the structure used for
residential purposes.
(fl Exceptions. No fee shall be required of any veterinary hospital,
animal shelter, or government-operated zoological park or institution approved by
the Director for teaching or research purposes.
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(g) Application for permit. Any person desiring to construct or
operate an animal establishment listed in Sec. 3-22(b) hereof shall make written
application for a permit on forms provided by the City.
(h) Plans inspected. Prior to approval of an application for a permit,
the Director shall inspect the plans and specifications of the proposed
establishment to determine compliance with this Article and the City's
"Construction Standards for Animal Establishments," as well as the City's
subdivision and zoning regulations.
(i) Equipment requirements. All animal establishments must comply
with any equipment and facility requirements as may be adopted from time to
time by the City.
(j) Yalidation period. The Director shall issue a permit to the
applicant, if the Director's final inspection reveals that the said animal
establishment complies with the requirements of Subsection (h) above. Each
permit issued under the provisions of this Article shall be valid for a period
beginning January 1 St and, regardless of the date issued, will expire December
315t
(k) Inspections. It shall be a condition for issuance of any permit or
license that the Director shall be allowed to inspect all animals, and the premises
where the animals are kept, at any reasonable time and shall, if permission for
such inspection is refused, suspend and/or revoke the permit or license of the
refusing owner. It shall be unlawful for any owner to deny access to the Director,
or his duly authorized representative, for the purpose of conducting inspections.
(1) Animal cruelty. A person who is or has been convicted of cruelty
to an animal shall not be issued or allowed to hold a permit to operate an animal
establishment as listed in Sec. 3-22 (a) hereof.
Sec. 3-23. Collection of fees.
(a) Fees prerequisite. All permit and license fees shall be paid to and
collected by the City before any permit or license will be issued. Certified
checks, cashier's checks, personal checks, or money orders for such fees shall be
mailed or delivered in person to the City of Friendswood, 910 South Friendswood
Drive, Friendswood, Texas 77546-3898, and shall be made payable to City of
Friendswood, Texas.
(b) Accounting. The Director shall keep a current and accurate
accounting of all permit and license fees and other monies collected, the name of
all persons upon whose account the same was paid, the date, the amount thereof,
and the purpose for which the fee was paid.
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Sec. 3-24. Suspension of permit.
(a) Failure to comply. The Director may suspend any animal
establishment permit listed in Sec. 3-22 (a) hereof, at any time, for failure of the
permit holder to keep his or her establishment and/or premises in a sanitary
condition. A permit may also be suspended for willful or repeated violation of
any of the requirements of this Article or of any federal, state or local law or any
other article or rule governing the protection and keeping of animals.
(b) Hearing request. Whenever a permit is suspended, the holder of
such permit or the person in charge shall be notified in writing that the permit is,
upon service of such notice, immediately suspended, and that an opportunity for a
hearing will be provided if a written request for such hearing is filed by the permit
holder with the Director within ten (10) days. If no such request is filed within
said ten-day period, the suspension shall be sustained. The Director may end the
suspension at any time if the reason for such suspension no longer exists.
Sec. 3-25. Revocation of permit or license.
(a) Failure to comply. The Director may, after providing opportunity
for a hearing, revoke a permit or license for serious, willful, or repeated violation
of any of the requirements of this Article or any federal, state, or local law or any
other ordinance, or for interference with the Director in the performance of his
duties. Two (2) or more convictions within a twelve-month period shall
constitute repeated violations. The Director may suspend, revoke, or withhold a
permit or license if the applicant withholds, falsifies, or misrepresents any
information provided on the application form.
(b) Hearing request. Prior to such revocation, the Director shall notify
the holder of the permit or license, or the person in charge, in writing, of the
reason the permit or license is subject to revocation, and that the permit or license
shall be revoked upon expiration of ten (10) days following the date of service of
such notice, unless a written request for a hearing is filed by the holder of the
permit or license with the Director within such ten-day period. If no request for
such hearing is filed within said ten-day period, the revocation of the permit or
license shall become final. No portion of a permit or license fee shall be refunded
upon revocation thereof pursuant to this Section.
(c) Service of notice. A notice provided for in this Article is properly
served when it is delivered in person to the holder of the permit or license or the
person in charge, or when it is sent by certified mail, return receipt requested, to
the last known address of the holder of the permit or license, regardless of
whether the letter is or is not received by the holder of the permit or license.
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Sec. 3-26. Hearings.
The Director shall conduct public hearings as provided in this Article at a
time and place designated by him. Based upon the evidence provided at such
hearing, the Director shall make a final determination and shall sustain, modify,
or rescind any notice or order considered in such hearing.
Sec. 3-27. Disposition of animals after revocation.
Any person whose permit or license is revoked shall, within ten (10) days
after revocation:
(1) humanely dispose of all animals owned, kept, or harbored by such
person;
(2) relocate all animals to areas or places outside the corporate
boundaries of the City; or
(3) release all animals to the Director and pay all costs incurred in the
handling of said animals thereafter, such as transporting, housing,
feeding, and/or disposal.
Sec. 3-28. Application after revocation.
Whenever a revocation has become final, the person whose permit or
license has been revoked may not apply for or receive a new permit or license for
a period of one (1) year from the date of such revocation. One (1) year after the
date of any such revocation, the person may re-apply for a permit or license and
shall include with the application, verification that all reasons and conditions that
led to such revocation have been corrected. Any person re-applying for a permit
under this Section shall be subject to all the requirements of this Article. Any
person having a permit or license revoked for a second time shall not be eligible
for a new permit or license.
Sec. 3-29. Animals running at-large prohibited
(a) It shall be unlawful for any animal owned, kept or harbored to run
at-large.
(b) The Director of animal control, the animal control officer, or any
peace officer is authorized to impound any animals running at-large.
(c) Dogs traveling in the backs of pickup trucks, open cab vehicles,
and trailers, which are not covered with a camper cover, side board, or other such
device, shall be considered at-large. Dogs traveling inside vehicles shall be
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restrained in a manner that will not cause injury to such animal and will prevent it
from reaching the outside of the vehicle or trailer.
Sec. 3-30. Dangerous animals.
(a) For the purposes of this Article, the definitions contained in
Sec. 37(j) "Dangerous Animal" and Sec. 33-17(ffl "Wild Animal" shall be used.
(b) Declaration of a dangerous animal. The Director may find and
declare an animal to be a dangerous animal as defined herein.
(c) Notification of declaration of a dangerous animal. The Director
shall notify the owner of an animal of its designation as dangerous and the City's
requirements for owners of dangerous animals as set out in Sec. 3-30(g) of this
Article. The notice required herein shall be served as stated in Sec. 3-37 hereof.
(d) Hearing request. If an animal is declared to be dangerous under
this Article, the notice shall inform the owner of the animal that a Determination
Hearing may be requested to contest such declaration. The request for a hearing
must be in writing and must be received by the Director within ten (10) days of
the date of service of such declaration. If such request is not received within the
ten-day period, the Director's declaration shall become final.
(e) Defense to declaration of dangerous animal. It is a defense to the
determination that an animal is dangerous, and to the prosecution of the owner of
an animal declared to be dangerous, if:
(1) the victim injured, bitten, or in fear of injury was teasing,
tormenting, abusing, or assaulting the animal or has, in the past, teased,
tormented, abused, or assaulted the animal;
(2) the person injured, bitten, or fear of injury was committing
or attempting to commit a crime;
(3) a domestic animal is injured or killed and was, at the time,
teasing, tormenting, abusing, or assaulting the animal;
(4) such animal was protecting or defending a person within
the immediate vicinity of the animal from an unjustified attack or assault;
(5) the animal was injured and responding to pain; or
(6) the animal was protecting its offspring, itself, or its
kennelmates.
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(fl Dangerous animal registration required. The owner of an animal
declared dangerous under this Article shall, within ten (10) days of the date of the
final dangerous animal declaration, register the animal with the City.
The owner shall notify the Director, as soon as reasonably possible, upon
discovery that a dangerous animal is loose, has been stolen, is unconfined in an
approved enclosure, has attacked another animal or a person, or has died.
If the owner of a dangerous animal relocates, sells, or gives away a
dangerous animal, the owner shall provide the Director with the name, address,
and telephone number of the new owner or the location of the new enclosure, if
located within the corporate limits of the City. A new owner of a dangerous
animal within the City must sign a sworn statement that he will comply with all of
the City's requirements for owners of dangerous animals and shall comply with
said requirements within thirty(30) days of such acquisition.
(g) Requirements of dangerous animal owners. Upon final
determination that an animal is dangerous, the owner thereof, shall:
(1) as soon as is reasonably possible,but not more than twenty-
four (24) hours after such determination, cause such dangerous animal to
be placed and kept in a proper enclosure, except as otherwise specifically
permitted herein;
(2) within sixty (60) days of such determination, present to the
City a Certificate of Public Liability Insurance in the amount of One
Hundred thousand dollars ($100,000) to cover any damages which may be
caused by the animal. The insurance shall be for a twelve - month period,
shall not be cancelled unless the animal is no longer kept by the owner,
and shall provide not less than thirty(30) days written notice to the City of
any cancellation thereof;
(3) securely muzzle such dangerous animal when taken outside
the enclosure, in a manner that will not cause injury to such animal or
interfere with its vision or respiration, but shall prevent it from biting any
person or animal. The dangerous animal must be restrained by a
substantial chain or cable leash having a minimum tensile strength of one
thousand(1,000)pounds and shall not exceed six (6) feet in length;
(4) within ten (10) days, post a sign on the premises warning
that there is a dangerous animal on the property. Such sign shall be visible
and capable of being read from any public street or highway adjacent to
the property where the dangerous animal is located, and from any adjacent
private property;
FWD/ANIMAL CONTROL.ORD/1/14/02 14
(5) within thirty (30) days, display, immediately below each
sign described in paragraph (4) above, a symbol warning of the presence
of the dangerous animal. The Director shall approve the size and design
of such symbol.
(6) within thirty (30) days, cause the dangerous animal to be
spayed or neutered;
(7) within thirty (30) days, cause the animal to wear, at all
times, a fluorescent orange collar or harness of such size and color
intensity so as to be visible at a distance of not less than fifty feet (50), by
a person of ordinary vision; and
If the owner of an animal declared to be dangerous fails to comply with
the ownership requirements listed above within the stated periods, such animal
shall be destroyed as provided in Sec. 3-31(g) thereof. Any animal declared to be
dangerous shall not be offered for adoption or sale and shall not be removed from
its approved enclosure or the City without prior written notification thereof to the
City.
(h) Dangerous animal at-large. Any dangerous animal found at-large,
after the owner thereof has been issued notice that such animal is dangerous, may
be destroyed by any animal control or peace officer, without the officer having to
catch or impound such animal or notify its owner.
(i) License revocation of dangerous animal. The Director may, after
providing the opportunity for and holding the requested hearing, revoke the
license for any animal whose owner has been notified that the animal has been
conclusively presumed to be dangerous, if said animal:
(a) is not confined or is found running at-large;
(b) is not muzzled as required herein;
(c) bites or attempts to bite any person or chases or otherwise
attempts to catch a person;
(d) attacks or attempts to attack any other animal in violation
of any section or part of this Article;
(e) is owned by a person who has been convicted of violation
of any federal, state, or local law, article, or rule pertaining to said
animal;
FWD/ANIMAL CONTROL.ORD/1/14/02 1 S
(fl is dangerous and its owner fails to maintain insurance
coverage in the manner and in the amounts set forth in Sec. 3-
30(g)(2)hereof;
(g) is dangerous and its owner does not register such animal as
required in Sec. 3-30(fl hereof; or
(h) is dangerous and its owner does not build, obtain, or
provide an enclosure and confine said animal within said enclosure
within thirty(30) days of such notification.
(j) Exemptions. The provisions of this Section shall not apply to any
law enforcement agency when a dog is being used for law enforcement purposes.
Sec. 3-31. Vicious animal.
(a) The municipal court of the City shall order the Director to seize a
vicious animal and shall issue a warrant authorizing such seizure on the sworn
complaint of any person, including the City prosecutor, the Director, an animal
control officer, or a peace officer that the animal has caused the death of, or
serious bodily injury to, a victim by attacking, biting, or mauling the victim and
on a showing of probable cause to believe that the animal caused the death of or
serious bodily injury to the victim as stated in the complaint.
(b) The Director shall seize the vicious animal or order its seizure and
shall provide for the impoundment of the animal in a secure and humane
environment until the court orders the disposition of the animal.
(c) The municipal court shall set a time for a hearing to determine if
the vicious animal caused the death or serious bodily injury by attacking, bitin�,
or mauling the victim. Such hearing must be held not later than the tenth (lOt )
day after the date on which the warrant is issued. The municipal court shall give
written notice of the time and place of the hearing to the owner of the animal or
person from whom the dog was seized and the person who made the complaint.
Any interested party, including the City prosecutor, the director, an animal control
officer, or a peace officer may present evidence at the hearing.
If the court finds that the animal has caused a death by attacking, biting, or
mauling a victim, the municipal court shall order the vicious animal destroyed. If
such a finding is not made, the court shall order the animal released to its owner,
the person from whom the animal was seized, or any other person authorized to
take possession of the animal.
If the court finds that the animal caused serious bodily injury to a victim
by attacking, biting, or mauling a victim, the municipal court may order the
vicious animal destroyed. If such a finding is not made, the court shall order the
FWD/ANIMAL CONTROL.ORD/1/14/02 16
animal released to its owner, the person from whom the animal was seized, or any
other person authorized to take possession of the animal.
The municipal court may not order the vicious animal destroyed if the
court finds that: (1) the animal caused serious bodily injury to a victim and the
animal was being used for and was acting in protection of a person or person's
property; (2) the attack, biting, or mauling occurred in an enclosure in which the
animal was being kept, the enclosure was reasonably certain to prevent the animal
from leaving the enclosure on its own, it provided notice of the presence of a
animal, and the injured victim was at least eight (8) years old and was trespassing
in the enclosure when the attack, biting, or mauling occurred; (3) the animal was
not being used for protection of a person or person's property; (4) the attack,
biting, or mauling occurred during an arrest or other action of a peace officer
while the peace officer was using the dog for law enforcement purposes; (5) the
animal was defending a person from an assault or person's property from damage
or theft by the injured victim; (6) or the injured victim was younger than eight (8)
years old, the attack, biting, or mauling occurred in an enclosure in which the
animal was being kept, and the enclosure was reasonably certain to keep a person
younger than eight (8) years old from entering.
(d) The destruction of an animal under this Article shall be performed
only by licensed veterinarians, employees of a recognized animal shelter or
humane society, or employees of a government agency responsible for animal
control and trained in the humane destruction of animals.
Sec. 3-32. Authority to destroy.
Any animal may be destroyed by an animal control officer or peace
officer, in the interest of public safety, when such animal is found attacking,
biting, or mauling victims at-large.
Sec. 3-33. Bitches in heat.
The owner of a bitch dog in heat is in violation of this Article if such dog
is at-large. Such bitches in heat shall be securely confined by the owner to the
premises of the owner in such a manner as to not create or cause to be created a
nuisance of any kind to any person or persons.
Sec. 3-34. Report of animal attacks.
Any person having knowledge of an animal bite, scratch, or other attack
on a person or another animal, and the person suspects such animal is rabid, shall
immediately report the incident to the animal control officer. The report shall
include the name and address of any victim and the owner of the animal, if
known, and any other data that may aid in locating the victim or the animal. The
FWD/ANIMAL CONTROL.ORD/1/14/02 17
person shall make said report as soon as possible, but not later than twenty-four
(24)hours from the time of the incident.
Sec. 3-35. Disposal of animals with rabies, etc.
It is hereby made the duty of the chief of police, any peace officer, or an
animal control officer to destroy any animal at-large when said animal is, or
reasonably appears to be, infected with rabies, or any other infectious, contagious,
or dangerous disease or when an animal is attacking, or when such animal appears
to be is sick, injured, or in such other condition as it may not be expected to live;
provided, however, any animal suspected of having rabies shall be killed in such a
manner as not to damage the brain. The officer who destroys such animal shall,
before disposing of same, report such incident to the Director, who shall
determine the manner of disposal of the carcass, and said officer shall further
submit a written report to the Director containing the facts thereof. The Director
shall attempt to notify the owner, if known or ascertainable from the animal's
license tag, if any, of such destruction, prior to disposal, which notice shall also
include the Director's proposed plan of disposal.
Sec. 3-36. Quarantining of suspected animals with rabies
(a) Approved shelter. Any animal that has rabies or the symptoms
thereof, or that bites, scratches, or otherwise attacks any person within the City
shall be quarantined by the owner of said animal. The owner shall quarantine the
animal as soon as possible, but not later than twenty-four(24) hours from the time
of the incident. The quarantine period shall be ten (10) days or longer in a public
or other place of confinement designated or approved by the TDH or under such
conditions and in such a manner as may be prescribed by the TDH It shall be a
violation of this Article for the owner or any other person to remove any animal
from the jurisdiction of the City, if such animal is required to be quarantined or
euthanized, or is otherwise in violation of this Article, without the written consent
of the Director.
(b) Release of animal to director. The owner or person in charge of
any animal that has rabies, has been exposed to rabies, or has the symptoms
thereof, or that has bitten, scratched, or otherwise attacked any person or other
animal, or that is quarantined as a rabies suspect, shall, upon demand, turn over
said animal to the Director.
(c) Unknown animal. At the discretion of the Director, an unknown
animal, which has bitten a human, may be humanely destroyed in such a manner
that the brain is not damaged. The brain shall be submitted to a TDH-certified
laboratory for rabies diagnosis.
(d) High-risk animals. If the biting animal is a high-risk animal, it
shall be humanely destroyed and the brain submitted for rabies testing.
FWD/ANIMAL CONTROL.ORD/1/14/02 1$
(e) Low-risk animals. If the biting animal is a low-risk animal, a
quarantine or rabies test will not be required, unless the Director has cause to
believe such animal is rabid.
(fl Wild animals. 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 damaged. The brain shall be submitted to a TDH-
certified laboratory for rabies diagnosis.
(g) Exceptions. Any animal inflicting a serious bodily injury to an
individual shall be humanely killed and the brain tested for rabies. An animal
control officer may grant an exception to this requirement, provided the following
criteria are met:
(1) The biting animal is a domestic dog or cat; and
(2) the owner has a current rabies vaccination certificate; and
(3) the animal was not in violation of any law at the time of the
bite.
If an exception is granted, the dog or cat shall be quarantined in
accordance with this Article.
(h) Head submitted— quarantine. If the biting animal is not a dog or
cat or is not included in (c), (d), (e), or (fl of this Section, such animal will be
humanely destroyed and the brain tested for rabies, or the Director may require
the animal to be quarantined for thirty (30) days as an alternative to destroying
and testing.
(i) Home quarantine. In lieu of animal quarantine at an animal shelter
or other quarters, the animal control officer may authorize the animal to be
retained on the owner's premises, if the following requirements are satisfied:
(1) The animal was currently vaccinated at the time of the bite;
(2) The animal was not running at-large at the time of the bite;
(3) The animal was registered with the City at the time of the
bite;
(4) When quarantined at home, the animal must be restrained
and removed to an area where it will not come in contact with any person
or other animal;
FWD/ANIMAL CONTROL.ORD/1/14/02 I 9
(5) The animal must be made available to the animal control
officer for a periodic inspections;
(6) The owner will observe the animal for any signs of illness
or personality changes and report such changes to the animal control
officer;
(7) The animal may not be moved from the known quarantine
location without prior notification and approval by the animal control
officer;
(8) The animal will remain under quarantine until the owner is
notified by telephone, personal service, or certified mail that the final
health inspection has been made and that the animal control officer has
cleared the animal;
(9) The animal may not receive a vaccination for rabies during
the quarantine period, except as provided herein; and
(10) Failure to comply with all conditions of home quarantine as
stated above or as directed by the animal control officer will result in the
animal being impounded at the animal shelter for the duration of the
quarantine period.
(j) Submittal to laboratory. Any animal ordered to be quarantined
that cannot be maintained or placed in secure quarantine, shall be humanely
destroyed and the brain submitted to a TDH-certified laboratory for rabies
diagnosis.
(k) Fees and cost. Transportation, capture, laboratory, veterinarian,
impoundment, quarantine, euthanasia, disposal, and any and all other fees, costs,
charges, and duties shall be the direct responsibility of the animal owner or
custodian. Failure of the owner to pay such costs and fees shall constitute a
violation of this Article and the penalties provided herein shall be assessed against
said owner.
(1) Release or removal from quarantine prohibited. No animal shall
be released or moved from the place of approved confinement, except by the
Director, until after the ten-day quarantine period and then only after inspection of
the animal has been made and its release approved by the Director.
(m) Yaccination of quarantined animals. No animal confined or
quarantined as a rabies suspect as required herein shall be given a rabies
vaccination until after the ten-day quarantine period. All unvaccinated animals
shall then be vaccinated.
FWD/ANIMAL CONTROL.ORD/1/14/02 ZO
(n) Rabies suspected. If a quarantined animal is found to be rabid or,
if in the opinion of the Director or a veterinarian, is suspected of being rabid, the
Director shall humanely destroy the animal or cause the animal to be humanely
destroyed and the brain submitted to a TDH-certified laboratory for rabies
diagnosis.
(o) Interfering with enforcement. It shall be unlawful for any person
to interfere with the enforcement of this Section or fail or refuse to surrender, to
the Director or an animal control officer any animal, involved or suspected of
being involved in a bite case, or otherwise fail or refuse to provide for the
quarantine of animals as may be authorized by this Article.
(p) Warrant to seize the animal. If an owner fails or refuses to
surrender an animal to the Director or an animal control officers for quarantine
under this Article, the Director or such animal control officer may apply to any
judge of the municipal court of the City for a warrant to seize the animal. The
officer executing the warrant shall cause the animal to be impounded at an animal
shelter.
Sec. 3-37. Notice of impoundment.
As soon as possible after an animal has been delivered to or picked up by
an animal control officer and taken to impoundment, a record of said pick up shall
be made by such officer. Such record shall include a description of the animal,
the identification number of any rabies or license tag on such animal, and the
name of the person to whom the animal is registered. If the animal bears a license
tag, the Director shall notify the person to whom such license tag was issued. The
owner of said animal may be notified in person, by telephone, or by written notice
left at or mailed to his last known address. The owner shall be deemed notified
upon the mailing or leaving of said written notice, whether the owner receives the
notice or not.
Sec. 3-38. Release of quarantined and impounded animals.
If a quarantined or impounded animal is found to be free from rabies or
other infectious or contagious diseases, the Director shall release it to the owner
following the quarantine or impoundment period as specified in this Article if:
(1) The owner pays the impoundment fees for each animal so
retrieved, in addition to any tax or fine. No wild or exotic animals shall be
released, except to persons who qualify and comply with the requirements of this
Article;
(2) The owner redeems his animal within five (5) days, if such animal
is licensed and wearing a license tag, or within seventy-two (72) hours if such
F W D/ANIMAL CONTROL.ORD/I/14/02 21
animal is not licensed or is not wearing a license tag, following notice of capture
and/or impoundment;
(3) The owner of the animal has a current rabies vaccination certificate
and license for the animal;
(4) The animal is vaccinated against rabies by a licensed veterinarian
at the owner's expense and a license for the animal is issued;
(5) The owner presents proper identification and proof of ownership;
and
(6) All fees, costs, or charges incurred have been paid by the owner of
the animal.
Sec. 3-39. Disposal of quarantined and impounded animals.
(a) Owner fails to claim. The Director may sell, for non-experimental
or research purposes, and retain the proceeds, keep, grant, or humanely destroy,
under the circumstances, any animal whose owner or custodian does not take
possession thereof, as provided in Sec. 3-38, on or before the third day following
the final day of quarantine or on or before the third day following notice of
impoundment.
(b) Sick or injured animals. It is expressly provided that, in the case
of diseased, sick, injured, or otherwise unhealthy animals impounded under theses
regulations, other than those affected or thought to be affected by rabies, it shall
be unnecessary to await the expiration of the impoundment or retrieval period
before disposing of such animals if, under the circumstances, the Director
determines that it would be inhumane to fail to dispose of any such animal.
Sec. 3-40. Disposal of carcasses.
(a) Disposal method. All animals shall be disposed of in such place
and in such manner as may be designated or prescribed by the TDH and the
Director.
(b) Person responsible. The owner or person having control or charge
of any animal before or at the time of the animal's death shall be totally
responsible for the disposal of the animal carcass and shall contact the City for
direction in such disposal.
(c) Fee, cost, or charges. All fees, costs, or charges incurred in the
disposal of the animal carcass shall be the responsibility of the animal owner or
person having charge or control of said animal at the time of or prior to the
animal's death.
FWD/ANIMAL CONTROL.ORD/1/14/02 22
(d) Disposal within forty-eight hours. The carcasses of all animals
shall be properly disposed of in accordance with the provisions of this Article as
soon as possible,but under no circumstances later than forty-eight (48)hours after
death.
(e) Owner not identified. If the owner of the dead animal cannot be
identified, the property owner or the person having charge or control of the
property where the carcass is located shall be responsible for the carcass disposal
and is subject to all provisions contained herein. If the owner of the animal is
located or identified after carcass disposal has been effected, said owner shall
reimburse the property owner or person disposing of the carcass and shall be
subject to all costs, conditions, and penalties contained in this Article.
Sec. 3-41. Number of dogs and cats, and large animals limited.
(a) Private premises. It shall be unlawful for any person to keep,
harbor, own, maintain, or allow to be harbored, own, or maintained more than a
total of four (4) dogs or cats, over three (3) months of age, upon or within any
premises owned, occupied, or under the control of such person within the City,
except where specifically exempt in Sec. 3-41(c) of this Article.
(b) Multiple dwellings. It shall be unlawful for any person to keep,
harbor, own, maintain, or allow to be kept, harbored, owned, or maintained more
than two (2) dogs or cats, over three (3) months of age, upon any premises of or
within any apartment of a multiple dwelling structure within the City.
(c) Litters. Only one (1) litter from any animal permitted under Sec.
3-41(a)(b) hereof shall be allowed at any given time.
(d) Exemptions. The provisions of this Section limiting the number of
animals shall not apply to the following:
(1) Veterinary hospitals;
(2) Pet shops;
(3) Kennels;
(4) Circuses;
(5) Animal shelters; ar
(6) It shall be unlawful for any person to keep, harbor own
maintain, or allow to be kept harbored owned or
maintained large domesticated animals, in greater than the
FWD/ANIMAL CONTROL.ORD/1/14/02 23
followin,� numbers: on tracts of land of less than two (2)
acres, provided that the total number of animals shall not
exceed two (2) per acre or fifteen (15) total, whichever is
less; on tracts of land greater than five (5) acres may not
exceed two (2) animals per acre. Provided further, all
enclosures or other kennel facilities utilized pursuant to this
paragraph shall be located and constructed so as to protect
adjacent property owners from the noise and air pollution.
Sec. 3-42. Keeping of wild or exotic animals prohibited with exception.
The Director shall develop, and submit to City Council for approval, rules
and regulations to restrict the keeping of wild and/or exotic animals within the
City to only those persons who have the knowledge, expertise, ability grounds,
facilities, and equipment to care for such animals. Following such approval, it
shall be unlawful for any person to own, keep or harbor a wild or exotic animal,
except in accordance with this Article and the rules and regulations regarding the
keeping of exotic animals adopted pursuant hereto. It is also the purpose and
intent of this Section to prohibit the owning, keeping, or harboring of wild and/or
exotic animals as pets within the City.
(a) Possession prohibited. It shall be unlawful for any person to buy,
sell, own, or keep or allow, suffer, or cause to be bought, sold, owned, or kept,
any wild or exotic animal upon or within any premises within the City, except as
permitted by duly adopted regulations.
(b) Exotic animal permit. The Director may issue an exotic animal
permit only as authorized by the rules and regulations provided herein, or in osuch
other regulations as the City Council may, from time to time, adopt.
(c) Temporary permit. The Director may issue a temporary permit for
the keeping, care, and protection of an infant wild animal native to the area, which
has been deemed to be homeless or injured. The application for a temporary
permit shall be accompanied by a letter or statement of approval from the Texas
Department of Parks and Wildlife.
(d) Exceptions. This Section shall not be construed to apply to
veterinary hospitals, zoological parks, or performing animal exhibitions or
circuses, which have applied for and received a permit from the Director as
provided herein or in such other regulations as City Council may, from time to
time, adopt.
Sec. 3-43. Releasing or abandoning of animals.
FWD/ANIMAL CONTROL.ORD/1/14/02 24
(a) Violation to abandon. It shall be a violation of this Article for any
person to abandon or release any animal upon any property, whether public or
private, within the City. An animal shall be considered abandoned if the owner
has not provided care, including food, air, water, or shelter, for three (3) or more
consecutive days, beginning on the day the animal was discovered not being
provided care.
(b) Person having knowledge of abandonment of animals. Any person
having knowledge of an animal that has been or is believed to have been
abandoned or released shall so notify the Director and shall provide all pertinent
information, including a description and location of the animal and the name,
address, car license number, or any other information or description of the person
who released or abandoned the animal, if known.
(c) Keeping, harboring, or feeding strays. Any person who keeps,
harbors, feeds, shelters, or otherwise allows any stray animal or any animal that
has been abandoned, to remain on the person's property for three (3) or more days
without notifying the City, shall hereby be deemed the owner of said animal.
Sec. 3-44. Public nuisance.
(a) Failure to exercise proper care. Every animal owner shall
exercise proper care and control of such animal or animals, and the premises
where they are kept, to prevent them from becoming a public nuisance.
(b) Conditions constituting nuisances. All of the following conditions,
situations, or occurrences are hereby declared to be public nuisances and
constitute failure of the owner to exercise proper care and control of his animal or
animals and/or the premises where said animal or animals are or have been kept:
(1) any animal, which turns over garbage containers, scatters
garbage, or otherwise damages private or public property;
(2) any animal running at-large or roaming off of private
property owned or controlled by the owner thereof;
(3) any animal that barks, whines, howls, or makes other
sounds or noises in an excessive, continuous, or untimely fashion; or
(4) any building, room, cage, kennel, yard, run, or other place
or facility where animals are kept or harbored that 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 health nuisance.
FWD/ANIMAL CONTROL.ORD/1/14/02 ZS
Sec. 3-45. Defecation by animals.
It shall be unlawful for any person to fail to promptly remove and dispose
of, in a sanitary manner, feces left by an animal being handled by that person on
any property, public or private, other than the premises of the owner or handler of
such animal. For the purposes hereof, "handler" shall mean the person having
custody and control of such animal, whether by leash or by voice and sight.
Further, it shall be unlawful for any person to walk an animal upon public
property or upon the private property of someone other than the animal's owner
or handler without having in their possession a container or other instrument
suitable for removal and disposal of such animal's feces in a sanitary manner.
However, this section shall not apply to handicapped persons using guide dogs or
to peace officers using animals in the discharge of law enforcement activities.
Sec. 3-46. Animals in parked vehicles.
(a) No dog or other animal shall be left in a closed parked vehicle in
such a way as to subject the animal to extreme temperatures that could adversely
affect the animal's health, safety or welfare.
(b) Any animal control officer, peace officer, or personnel of the fire
department may use reasonable force to remove the animal from any vehicle if
such person believes that an emergency situation exists due to the circumstances
described in paragraph (a) above.
(c) A person may not attempt to remove or use force to remove from a
motor vehicle any animal in the custody of an animal control or peace officer.
Sec. 3-46. Equine infectious anemia (EIA).
Equine (horses, donkeys, mules, zebras, and burros) entering
assemblies/events within the City shall have proof of a negative EIA test within
the past twelve-month period. An EIA test document, VS 10-11, is adequate
proof of testing. The person or group in charge of any such event shall be
responsible for ensuring that the equine are accompanied by such valid
documentation and that the Texas Equine Event Validation Sheet (TAHC
Form 96-38)has been completed.
Sec. 3-47. Miniature swine.
(a) The owner of miniature swine shall annually register the animal
with the City. Written application for registration and the payment of applicable
registration fees shall be made to the City's central cashier's office. The
application shall include the name and address of the owner, a description of the
animal, and a copy of a current rabies vaccination certificate. Upon acceptance of
FWD/ANIMAL CONTROL.ORD/1/14/02 Z6
the application, a City license tag shall be issued, which shall bear an identifying
number for the animal and the year of issuance.
(b) Miniature swine may be kept as pets within the City, subject to the
following requirements:
(1) It shall be unlawful to keep, own, or possess more than one
(1) swine per household or business.
(2) It shall be unlawful for any person to keep or maintain
miniature swine in an outdoor enclosure. A person may allow miniature
swine outdoors for brief periods not to exceed one (1) hour per
occurrence, as necessary, for exercise or for the elimination of waste. The
outdoor area used for exercise and waste elimination must be a secure area
from which the swine may not escape. Miniature swine are subject to all
the other sections of this Article, including the prohibition of animals
running at-large.
(3) It shall be unlawful for any person to keep or maintain
miniature swine within the City, unless the swine have received annual
vaccinations against erysipelas, parvo virus, and leptospirosis. The first
inoculations for such diseases must be received before the animal is four
(4) months of age. Upon request, the owner of miniature swine must
provide the animal control officer with a health certificate from a licensed
veterinarian within fourteen (14) days of vaccination, which shall contain
the following information:
a. Name, address, driver's license number, and telephone
number of the owner;
b. Name, address, and telephone number of the licensed
veterinarian providing the vaccinations and certificate;
c. Name, a recent photograph, and the description of the
animal, including age, weight, and height;
d. The types and dates of vaccinations;
e. A statement of the general health of the animal; and
f. Certification that the animal has been either sprayed or
neutered.
(4) It shall be unlawful for any person who owns, keeps,
harbors, or has custody of any miniature swine to fail to display on such
animal, at all times, a valid City registration and vaccination tag.
FWD/ANIMAL CONTROL.ORD/1/14/02 27
(5) It shall be unlawful for any person who owns, keeps,
harbors, or has custody of any miniature swine to display on such
miniature swine a registration or vaccination tag issued to another animal.
(6) All locations where miniature swine are maintained shall be
kept in a clean and sanitary condition.
(c) If the owner of a miniature swine fails or refuses to comply with
any of the requirements of this section, the animal control officer may deny or
revoke the animal's registration and order the miniature swine removed from the
City. The determination of the animal control officer may be appealed by the
owner of the miniature swine to the municipal court.
Sec. 3-48. Duties of director.
Under authority of the City Council, the Director shall enforce any and all
regulations of this Article in any and all parts of the City as is necessary to control
the animal population and protect the health and safety of the citizens of the City.
In furtherance thereof, the Director shall:
(a) Collect fees. Collect all fees set by the City Council, as necessary,
to recover the costs incurred in enforcing the requirements of this Article. The
Director may further collect all unpaid cost, fees, or charges incurred by the any
animal while in violation of this Article.
(b) Make inspections. Make all inspections required herein.
(c) Capture and iinpound. Capture and impound, or cause to be
captured or impounded, in the manner authorized by law, all animals within the
City, which are in violation of this Article. The Director may trap, capture, shoot,
tranquilize, or use any other means or methods he deems necessary and prudent to
perform the duties imposed herein. Any person who has control or possession of
any animal, and who is in violation of this Article shall, upon demand, turn over
such animal to the Director.
Sec. 3-49. Director may promulgate rules.
The Director shall have the power, subject to approval of the City Council,
to prescribe and promulgate such rules and regulations, not inconsistent with any
law of the state or this Article, as he may deem necessary to protect the health and
safety of the citizens and to effectively perform the duties imposed herein.
Sec. 3-50. Enforcement.
F W D/ANIMAL CONTROL.ORD/1/14/02 2$
The Director or his designated representative shall enforce the provisions
of this Article. Under this Article it shall be unlawful for any person to
intentionally or knowingly:
(1) Refuse to surrender any animal subj ect to capture upon the
demand of an animal control officer or peace officer.
(2) Interfere with an animal control or peace officer who is
attempting to capture or who has captured any animal subject to capture
and such interference allows the animal to escape; or
(3) Refuse to deliver an animal subject to capture to a licensed
veterinarian for observation or treatment upon the demand of an animal
control or peace officer.
Sec. 3-51. Appeals from decision of director.
Whenever in this Article provision is made for a hearing before the
Director, any person aggrieved by the decision of the Director following such
hearing may appeal same to the City Council by giving notice thereof, served
upon the City Secretary, within seventy-two (72) hours following the date the
decision was so rendered. The City Council shall hold a hearing on the appeal
within thirty (30) days following the date of notice of such appeal. Any such
notice shall be served in writing, shall state the interest of the person appealing,
the reason for the appeal, and a general description of the factual grounds upon
which the appellant contends the decision of the Director was incorrect.
Sec. 3-52. Issuance of citations.
In addition to or in lieu of impounding an animal that is found to be in
violation of any provision of this Article, or in addition to or in lieu of suspension
or revocation of a license or permit, the Director, or any peace officer, may issue
to the owner of such animal or the holder of such license or permit for such
animal, a notice of violation and shall file a complaint relating thereto with the
Municipal Court of the City. Upon conviction of a violation of this Article, the
owner shall be penalized as provided in Sec. 3-52 hereof.
Sec. 3-53. Penalty.
Any person who shall intentionally, knowingly, recklessly, or with
criminal negligence commits any act or acts prohibited or made or declared to be
unlawful by this Article, or who fails to perform any act or acts required by this
Article, shall be deemed guilty of a misdemeanor and, upon conviction thereof,
shall be fined in an amount not to exceed Two Thousand Dollars ($2,000). Each
day of such violation shall constitute a separate offense."
FWD/ANIMAL CONTROL.ORD/1/14/02 29
Section 2. In the event any section, paragraph, subdivision, clause, phrase, provision,
sentence, or part of this Ordinance or the application of the same to any person or circumstance
shall for any reason be adjudged invalid or held unconstitutional by a court of competent
jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part of
provision hereof other than the part declared to be invalid or unconstitutional; and the City
Council of the City of Friendswood, Texas, declares that it would have passed each and every
part of the same notwithstanding the omission of any such part thus declared to be invalid or
unconstitutional, or whether there be one or more parts.
Section 3. All ordinances or parts of ordinances inconsistent or in conflict herewith
are, to the extent of such inconsistency or conflict, hereby repealed.
Section 4. This Ordinance shall be in full force and effect from and after its passage
and its publication, as provided by law.
PASSED AND APPROVED on first reading this 3rd day of December, 2001.
PASSED AND APPROVED on second and final read' g this 7th day of January, 2002.
�
Harold L. Whitaker
Mayor
ATTEST:
c
. .
Deloris McKenzie, TR C
City Secretary
MOTION: COUNCILMEMBER KIM BRIZENDINE
2ND: COUNCILMEMBER TRACY GOZA
APPROVED: UNANIMOUSLY
FWD/ANIMAL CONTROL.ORD/1/14/02 3O