Chapter 10
ANIMALS*
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* Editors Note: Ord. No. 2008-11-01, § 1, adopted Jan. 6, 2009, deleted the former Ch. 10, Art. I, §§ 10-1--10-9; Art. II, Div. 1, §§ 10-41--10-57, Div. 2, §§ 10-81--10-93, Div. 3, §§ 10-116--10-120; Art. III, §§ 10-146--10-152; Art. IV, §§ 10-186; Art. V, § 10-221; Art. VI, §§ 10-222--10-224, and enacted a new Ch. 10 as set out herein. The former Ch. 10 pertained to animals and derived from Code 1978, § 5-1; Code 1978, §§ 5-3--5-22; Code 1978, §§ 5-32--5-47; Ord. No. 2002-08-7, 8-29-02; Ord. No. 2003-2-7, 3-3-03.
Cross References: Health and sanitation, ch. 54; traffic regulations for animals and animal-drawn vehicles, § 94-12.
State Law References: Local Public Health Reorganization Act, V.T.C.A., Health and Safety Code § 121.001 et seq.; animals, V.T.C.A., Health and Safety Code § 821.001 et seq.; dangerous dogs, V.T.C.A., Health and Safety Code § 822.001 et seq.; Rabies Control Act of 1981, V.T.C.A., Health and Safety Code § 826.001 et seq.; livestock, V.T.C.A., Agriculture Code § 141.001 et seq.; permitting a head of cattle or a domestic turkey to run at large in certain counties, V.T.C.A., Agriculture Code § 143.082; cruelty to animals, V.T.C.A., Penal Code § 42.09; dogfighting, V.T.C.A., Penal Code § 42.10; certain tax exemptions for charitable organizations, V.T.C.A., Tax Code § 11.18.
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Article I. In General
Sec. 10-1. Definitions.
Sec. 10-2. Penalty for violations.
Sec. 10-3. Enforcement.
Sec. 10-4. Interference with capture of animals or fowl.
Sec. 10-5. Records required.
Sec. 10-6. Abandoning.
Sec. 10-7. Report of animals at large.
Sec. 10-8. City-sponsored clinics authorized.
Sec. 10-9. Guide dogs.
Secs. 10-10--10-40. Reserved.
Article II. Keeping Animals
Division 1. Generally
Sec. 10-41. Standards.
Sec. 10-42. Public nuisances designated.
Sec. 10-43. Keeping swine.
Sec. 10-44. Restrictions on size and location of area for keeping horses and other large animals.
Sec. 10-45. Standing bulls, stallions or jacks at stud.
Sec. 10-46. Dogs and cats to be vaccinated.
Sec. 10-47. Dogs and cats excepted from vaccination.
Sec. 10-48. Registration of dogs and cats.
Sec. 10-49. Finders of lost dogs and cats; responsibility to report.
Sec. 10-50. Dead animals; duty to remove.
Sec. 10-51. Cruelty to animals.
Sec. 10-52. Keeping of wild animals and exotic animals.
Sec. 10-53. Importation of certain animals.
Sec. 10-54. Molesting animals.
Sec. 10-55. Trapping.
Sec. 10-56. Animal fights.
Sec. 10-57. Animal control violation; citation.
Sec. 10-58. Animal protection.
Sec. 10-59. Animals in vehicles.
Sec. 10-60. Tethering of animals.
Secs. 10-61--10-80. Reserved.
Division 2. Permits
Sec. 10-81. Large livestock animal permit requirements.
Sec. 10-82. Small livestock animal and fowl permit requirements (excluding dogs, cats and household pets).
Sec. 10-83. Calculating maximums; exclusions.
Sec. 10-84. Standards for animal pens, enclosures and shelters.
Sec. 10-85. Application for permit (excluding cats, dogs and household pets).
Sec. 10-86. Issuance of permit for large and small livestock animals and fowl (excluding cats, dogs and household pets).
Sec. 10-87. Refusal to issue a permit.
Sec. 10-88. Revocation and suspension of permit.
Sec. 10-89. Large and small livestock animals or fowl; permit renewal, amendment.
Sec. 10-90. Display of permit numbers.
Sec. 10-91. Permit and inspection fees.
Sec. 10-92. Large and small livestock animal permit fee exemptions.
Sec. 10-93. Permit required for exotic animals.
Secs. 10-94--10-115. Reserved.
Division 3. Restraint; Impoundment
Sec. 10-116. Restraint of animals and birds.
Sec. 10-117. Running at large prohibited.
Sec. 10-118. Impoundment and destruction.
Sec. 10-119. Redemption of impounded animals.
Sec. 10-120. Fees.
Secs. 10-121--10-145. Reserved.
Article III. Rabies Control
Sec. 10-146. Vaccination; report of infection.
Sec. 10-147. Reports of human exposure to rabies.
Sec. 10-148. Report of rabies suspects, quarantine method and testing.
Sec. 10-149. Quarantine of animals suspected of rabies.
Sec. 10-150. Handling of animals exposed to rabies.
Sec. 10-151. Supervision of destruction of animal suspected of rabies.
Sec. 10-152. Surrender of carcass of animal suspected of rabies.
Secs. 10-153--10-185. Reserved.
Article IV. Dangerous Animals
Sec. 10-186. Dangerous dogs and animals deemed hazardous to public health and safety.
Sec. 10-187. Keeping of bees prohibited.
Secs. 10-188--10-220. Reserved.
Article V. Kennels
Sec. 10-221. Permit for kennels, raisers or breeders of dogs, cats or other animals; selling of animals.
Article VI. Animal Advisory Board
Sec. 10-222. Created.
Sec. 10-223. Members.
Sec. 10-224. Duties.
ARTICLE I.
IN GENERAL
Sec. 10-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Altered animal means an animal having been spayed or neutered.
Animal means any living vertebrate creature except human beings and with the exclusion of fish, amphibians, reptiles, caged birds and small rodents when kept as pets in a private residence, or enclosed in a commercial enclosure. The word "animal" shall mean only a mammal when referring specifically to the control of rabies.
Animal control officer or ACO means a duly authorized person responsible for the enforcement of this chapter including peace officers.
Animal shelter means any premises designated or operated by the city for the purpose of impounding and caring for animals under the authority of this chapter.
Attack means definite vigorous, aggressive action by a dog directly against a person or other animal which results in the infliction of bodily injury, or the threat of bodily injury, by such dog to a person or other animal.
Bee, bee keeping and bee hives means any of numerous hairy-bodied insects including social and solitary species, the cultivation of bees on any commercial scale for the production of honey or bees, and a hive is a manmade receptacle that houses a swarm of bees.
Bite means an abrasion, scratch, puncture, tear or piercing of the skin actually or suspected of being caused by the mouth of any animal.
City or City of Alpine means officials of the City of Alpine including, but not limited to, the city manager, the animal control officer, and any City of Alpine peace officer.
Collar means a band, chain, harness or other suitable device worn about the neck of an animal to which a current rabies vaccination registration tag can be affixed.
Current vaccination means vaccinated and satisfying the following:
(1) The animal must have been at least three months of age at the time of vaccination.
(2) At least 30 days have elapsed since the initial vaccination.
(3) Not more than 12 months have elapsed since the most recent vaccination.
Dangerous animal means any animal that:
(1) Has inflicted severe injury on a human being without provocation;
(2) Has injured or killed a domestic animal without provocation; or
(3) Has been previously found to be potentially dangerous, the owner having received notice of such and the animal again aggressively bites, attacks, or endangers the safety of humans or domestic animals.
Potentially dangerous animal means any animal that when unprovoked:
(1) Inflicts injury on a human or a domestic animal; or
(2) Chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack; or
(3) Has a known propensity, tendency, or disposition to attack, or to cause injury or otherwise to threaten the safety of humans or domestic animals.
Dangerous dog means a dog that:
(1) Makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or
(2) Commits unprovoked acts in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own and such acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person.
Dilapidated means a building, structure or material that has fallen into partial ruin by neglect or misuse or into a condition of partial decay.
Dog means any member of the canis familiaris species.
Domestic animals means animal species which generally have their breeding controlled by people and which by their long association with people have been developed into breeds or types for specific uses by people.
Domesticated means a tame animal that is subject to the dominion and control of an owner and accustomed to living in or near human habitation without requiring extraordinary restraint or unreasonably disturbing such human habitation.
Dwelling means any building or portion thereof which is designed and used for residential purposes. An attached garage shall be deemed to be part of a dwelling.
Enclosed structure means a building or other similar structure that is fully enclosed with a roof in place to provide a degree of protection, and does not include a yard or fence.
Euthanasia means putting to death of an animal in a manner and method which does not cause pain nor take longer than one minute to effect unconsciousness or death, and is in compliance with the provisions of V.T.C.A., Health and Safety Code ch. 823. Shooting firearms into a pen or enclosure containing multiple animals is prohibited by the Texas Health and Safety Code and shall not satisfy the requirement under the definition of euthanasia or humane destruction of animals. Lethal injection and efficiently operating carbon monoxide chambers shall, throughout this chapter, be presumed to be the method of euthanasia employed by the city.
Euthanize means to kill in a humane manner.
Exotic animal means any animal that is not livestock or a domesticated animal and includes, but is not limited to, no matter how well-trained: all alligators and crocodiles; all bears; all cats other than the commonly accepted domesticated cats, including but not limited to cheetah, leopard, lion, lynx, panther, cougar, mountain lion, bobcat, and tiger; all dogs other than domesticated dogs, including but not limited to wolf, part wolf, fox, part fox, coyote, and part coyote; all porcupines; all nonhuman primates; all raccoons; all skunks; all venomous fish and piranha; all venomous snakes and lizards; and all weasels other than ferrets.
Exposed to rabies means an animal which has been exposed to rabies if it has been bitten by another animal or has been in contact with any animal known to be or suspected of being infected with rabies.
Feral animal means formerly domesticated animals and their offspring which have roamed at large for a sufficient period of time and with sufficient success at survival as to be deemed no longer domesticated.
Fowl means any domesticated bird used as food by people, such as chickens, ducks, turkeys, geese, guinea fowl, peafowl or pigeons.
Horse means any member of the equine family.
Humanely destroy means to cause the death of an animal by a method which:
(1) Rapidly produces unconsciousness and death without visible evidence of pain or distress; or
(2) Utilizes anesthesia produced by an agent which causes painless loss of consciousness and death following such loss of consciousness.
Keep or harbor means to have charge, custody or control of an animal or fowl, or permitting the animal or fowl to habitually remain or be lodged or fed within the house, store, yard, enclosure or place of the owner or occupant of the premises.
Kennel means any premises on which four or more dogs or four or more cats, four months of age or older, are kept; or where the business of buying, selling, breeding, grooming, training or boarding of dogs or cats is conducted. The term "kennel" does not include veterinary hospitals or humane societies.
Large livestock animal means cattle, horses, mules, beasts of burden, or any other similar domesticated animal.
License, registration or permit means a printed authorization issued by the city allowing the holder to keep the animal described within the corporate limits.
Livestock means domestic animals of the equine, bovine, ovine, caprine or porcine genera.
Nuisance means disturbing the peace, emitting noxious or offensive odors or otherwise endangering or being offensive to the environment of the city.
Own means to own, keep, harbor or have charge, custody or control of an animal or fowl.
Owner means any person who owns, harbors, keeps or causes or permits to be harbored or kept, or has in his care, an animal or bird on or about his premises or any person keeping, harboring, having charge or control of, or permitting to habitually be or remain on such person's premises any animal for a period of six consecutive days or more.
Pet animal means dogs, cats, birds, guinea pigs, hamsters, mice, snakes, iguana and turtles. Pet animal shall also include any domesticated animal that a person owns or that is sold or offered for sale for the purpose of being kept indoors as household pets.
Quarantine means to place an animal in a secure enclosure which precludes physical contact with any other animal.
Rabies means an acute viral disease of man and animal affecting the central nervous system and usually transmitted by an animal bite.
Restrained or confined means an animal restricted to the property of the owner or under the direct physical control of a competent person.
Retail sale means the business of selling pet animals directly to consumers of the public.
Run at large means free of physical restraint beyond an enclosed or fenced area; includes any animal that is not under the actual control of its owner.
Small livestock animal means swine, sheep, goats or any other domesticated or wild animal of smaller stature, except pet animals or fowl.
Stray means any animal running free with no physical restraint beyond the premises of the owner.
Swine means any member of the Suidae species.
Unaltered animal means an animal that has not been spayed or neutered.
Vaccination means the inoculation of an animal with a vaccine that is licensed by the United States Department of Agriculture, and which is administered by a veterinarian for the purpose of immunizing the animal against rabies.
Veterinarian means a veterinarian holding a current and valid license to practice veterinary medicine in the state.
Wild animal means any non-domestic animal.
(Ord. No. 2008-11-01, § 1, 1-6-09)
Cross References: Definitions generally, § 1-2.
Sec. 10-2. Penalty for violations.
Any person upon whom a duty is placed by the provisions of this chapter who, after due process of law, shall be found to fail, neglect or refuse to perform such duty, or who shall violate any of the provisions of this chapter, shall be deemed guilty of a misdemeanor and upon conviction shall be fined in a sum not to exceed $200.00 and not less than $25.00 for the first offense, not less than $50.00 for the second offense, and not less than $100.00 for the third offense. For each offense thereafter, a conviction shall be punishable by a fine not to exceed $500.00 and not less than $100.00. The penalties provided in this section shall be cumulative with and in addition to any penalty or forfeiture elsewhere in this chapter.
(Ord. No. 2008-11-01, § 1, 1-6-09)
Sec. 10-3. Enforcement.
(a) The enforcement of the provisions of this chapter shall be the responsibility of the duly authorized animal control officer (ACO) or any peace officer.
(b) The animal control officer or any peace officer shall be authorized to issue warnings and citations upon forms prescribed by the city to persons and to owners of animals found to be in violation of the provisions of this chapter.
(c) Upon presentation of the appropriate credentials, the animal control officer shall be authorized to enter upon private property for the purposes of enforcing the provisions of this chapter at all reasonable times; however, such entry shall not include entry into a private residence and its fully enclosed and fenced yard or a secure building. When the animal control officer has commenced pursuit of a stray animal, he may follow the animal onto any unenclosed private property for the purpose of apprehending the animal as soon as possible. The officer shall not enter a private residence for the purpose of enforcing the provisions of this chapter without first receiving permission from a lawful adult occupant of the residence or being authorized to inspect such residence by a magistrate or by order of a court of competent jurisdiction upon showing of a probable violation of this title.
(d) The animal control officer shall receive, investigate and take proper action on all animal bite reports, reports of suspected rabid animals; reports of rabid animals; unrestrained, unvaccinated or unlicensed animals; animals impounded, animals released, animals euthanized, applications for kennel registrations and all such other duties as may be assigned, and shall keep accurate detailed records of all such activities for a period of not less than one year.
(e) It shall be unlawful for an unauthorized person to enter by any means or make an opening into any animal control vehicle or facility of the city where animals are kept.
(Ord. No. 2008-11-01, § 1, 1-6-09)
Sec. 10-4. Interference with capture of animals or fowl.
It shall be unlawful for any person to hinder, delay, interfere with or obstruct any duly authorized animal control officer or assistants of the city while engaged in capturing, securing or taking to the animal shelter any animals or fowl subject to be impounded, or to break open or in any manner directly or indirectly aid, counsel or advise the breaking open of any animal shelter, ambulance, wagon or other vehicle used for the collecting or conveying of animals or fowl to the shelter.
(Ord. No. 2008-11-01, § 1, 1-6-09)
Sec. 10-5. Records required.
It shall be the duty of the animal control officer to keep, or cause to be kept, accurate records pertaining to bite incidents and investigations thereof, impoundments and dispositions thereof, and any other information as deemed necessary.
(Ord. No. 2008-11-01, § 1, 1-6-09)
Sec. 10-6. Abandoning.
It shall be unlawful for any person to abandon or dump any animal within the incorporated limits of the city. Abandonment shall mean leaving an animal for a period in excess of 24 hours without appropriate provisions having been made for the feeding, watering and care of such animal. If an animal is restrained or confined without food, water or proper care, the city may enter upon any property where the animal is restrained or confined and supply it the necessary food, water and care so long as it remains there.
(Ord. No. 2008-11-01, § 1, 1-6-09)
Sec. 10-7. Report of animals at large.
It shall be the duty of every person to report immediately to the animal control officer the location and description of any animal in violation of section 10-6.
(Ord. No. 2008-11-01, § 1, 1-6-09)
Sec. 10-8. City-sponsored clinics authorized.
The chief of police is authorized to arrange for city sponsored rabies vaccination-registration clinics as deemed necessary.
(Ord. No. 2008-11-01, § 1, 1-6-09)
Sec. 10-9. Guide dogs.
Any dog trained to guide any person with a total or partial disability shall be admitted to any public place or vehicle which the person with a total or partial disability has the lawful right to enter when accompanying the person with a total or partial disability and if currently vaccinated and registered.
(Ord. No. 2008-11-01, § 1, 1-6-09)
Secs. 10-10--10-40. Reserved.
ARTICLE II.
KEEPING ANIMALS
DIVISION 1.
GENERALLY
Sec. 10-41. Standards.
(a) No owner shall fail to provide his animals with sufficient and wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering, and humane care and treatment.
(b) No person having charge or custody of an animal shall place or confine an animal or allow an animal to be placed or confined or to remain in a motor vehicle or trailer under such conditions or for such period of time as may endanger the health or well-being of such animal due to heat, lack of food or water, or other such circumstances as may be reasonably expected to cause suffering, disability or death of such animal.
(c) Owners of animals shall keep such animals restrained at all times within the city. An animal shall be deemed restrained when it is confined on the premises of the owner within a secure fence or enclosure; confined by means of a collar or harness attached to a chain or similar device anchored securely to the owner's property so as to keep the animal on the premises, out of reach of the public right-of-way (sidewalks, alleys and streets), within a vehicle being driven or parked, or under the direct physical control of a competent person by means of a secure leash not over six feet in length or similar secure device.
(d) The owner shall keep the pen or enclosure in such a manner as not to give off odors offensive to persons residing in the vicinity, or to breed or attract flies, mosquitoes or other noxious insects, or in any manner to endanger the public health or safety, or create a public nuisance.
(e) The owner of any large or small livestock animal shall keep all pens, enclosures and shelter structures wherein such animals or fowl are kept in a clean and sanitary condition so as not to give off offensive odors which are a source of discomfort to persons residing in the vicinity thereof. The owner of any large or small livestock animal or fowl shall not allow offal, manure and waste material of such animal to accumulate or remain in the pens, enclosures and shelter areas, excluding pasture acreage, in any manner which is conducive to the breeding or attraction of flies, mosquitoes or other noxious insects or in any manner which endangers the public health or safety, or which creates an unhealthy environment. The maintenance or permitting of the conditions in this section on any such lot or parcel of ground is hereby declared to be a public nuisance. The owner of any large or small livestock animal or fowl shall in a sanitary manner remove or dispose of all offal, manure and waste material accumulating from such animal or fowl as needed to ensure sanitary conditions and no less frequently than every 72 hours.
(f) Feed troughs shall be provided for the feeding of vegetables, meat, scraps or garbage, and such feeding shall be done only in containers or on an impervious platform.
(g) Watering troughs or tanks shall be provided which shall be equipped with adequate facilities for draining the overflow so as to prevent the breeding of flies, mosquitoes or other insects.
(h) No putrescible material shall be allowed to accumulate on the premises, and all such material used as feed which is unconsumed shall be removed daily and disposed of by burial or other means approved by the animal control officer.
(Ord. No. 2008-11-01, § 1, 1-6-09)
Sec. 10-42. Public nuisances designated.
The following shall be considered a public nuisance and unlawful:
(1) The keeping of any animal, which causes frequent or long continued noise which disturbs the comfort and repose of any person of ordinary sensibilities in the vicinity.
(2) The keeping of any animal in such a manner as to endanger the public health or as to disturb neighbors by the accumulation of droppings and putrescible materials which cause foul and offensive odors.
(3) The keeping of any animal which habitually deposits body wastes upon or destroys by chewing, scratching, digging or otherwise, property other than that of the owner of such animal.
(4) All animal pens, stables or enclosures in which any animal may be kept or confined, which from use have become offensive.
(5) Any animal not meeting the designated requirements for restraint.
(6) For any person owning, possessing, harboring or having care, charge, control or custody of any dog not to remove any feces left by that dog on any sidewalk, gutter, street, public park or other public area. Dog waste shall be immediately removed by placing said matter in a sealable container and thereafter disposing of it in a trash receptacle, sanitary disposal unit or other closed or sealed refuse container. This subsection shall not apply to visually impaired persons who have the charge, control, or use of a guide dog.
(Ord. No. 2008-11-01, § 1, 1-6-09)
Sec. 10-43. Keeping swine.
No person shall keep within the city any hog, sow or pig excluding such animals being lawfully and justly registered as livestock exhibition animals and potbellied pigs without proper and valid permit. The owner of any exhibition swine must, upon request, provide the animal control officer with proper documentation from the sponsor organization showing the registration number, registration tattoos and other distinguishing marks used for identification purposes. This documentation must also contain the current address and name of the exhibitor, the exhibitor's signature and the validation chair's signature. The owner must at no time feed vegetation or garbage which shall produce noxious odors, flies, fly larvae or other nuisances caused by the failure to keep such premises in a sanitary condition. The owner must also remove all manure or droppings from the pen or enclosure so as to prevent the breeding of flies and the migration of fly larvae into the soil.
(Ord. No. 2008-11-01, § 1, 1-6-09)
Sec. 10-44. Restrictions on size and location of area for keeping horses and other large animals.
(a) Except for pasturage, it shall be unlawful to keep and maintain any mule, donkey, horse, mare, colt, bull, cow, calf, cattle or livestock at a distance closer than 50 feet from any building located on adjoining property that is used for human habitation.
(b) The minimum pen size in which any large animal is kept shall be the area set forth in table I.
TABLE I
|
Number of Large Animals |
Minimum Enclosure Required (sq. ft.) |
|
1 |
800 |
|
2 |
1,600 |
|
Each additional over 2 |
600 |
(Ord. No. 2008-11-01, § 1, 1-6-09)
Sec. 10-45. Standing bulls, stallions or jacks at stud.
It shall be unlawful for the owner or harborer of any bull, stallion or jack to permit or cause to be permitted the standing of any such bull, stallion or jack at stud within the city limits, unless the standing is in an enclosed structure.
(Ord. No. 2008-11-01, § 1, 1-6-09)
Sec. 10-46. Dogs and cats to be vaccinated.
No person shall own, keep or harbor within the city limits any dog or cat four months of age or older unless such dog or cat has a current vaccination. The dog or cat must be revaccinated before the expiration of the first and each subsequent current vaccination period. Official rabies vaccination certificates issued by the vaccinating veterinarian shall contain certain standard information as designated by the state department of health. information required is as follows:
(1) Owner's name and telephone number.
(2) Animal identification: Species, sex, age (three months to 12 months or older), size (pounds), predominant breed and colors.
(3) Date vaccinated.
(4) Rabies tag number.
(5) Veterinarian's signature and license number.
(Ord. No. 2008-11-01, § 1, 1-6-09)
Sec. 10-47. Dogs and cats excepted from vaccination.
Vaccination will not be required for any dog or cat when the following document is filed, approved and accepted by the animal control officer: a certificate from a veterinarian that such dog or cat should not be inoculated with rabies vaccine and the valid medical reasons therefor.
(Ord. No. 2008-11-01, § 1, 1-6-09)
Sec. 10-48. Registration of dogs and cats.
No owner shall have within the city limits any dog or cat four months of age or older unless such dog or cat is currently registered with the city. Written application shall be made upon a printed city application form and shall state the name, address and telephone number of the owner, the name of the dog or cat, the species or predominant breed, color, age and sex and the date of the most recently administered rabies vaccination. The owner must exhibit a current certificate of vaccination issued by a licensed veterinarian in order to register a dog or cat with the city. Upon approval of the application for registration and payment of the required fee of $7.00 (altered) and $10.00 (unaltered) by the owner of each dog or cat, the city will issue a serially numbered, durable license tag for each registered dog or cat. Such tag shall be securely attached to a collar or harness worn by each dog or cat. Each registration shall be valid for a period of one year from the most recent date of administration of a rabies vaccination. A vaccination certificate or registration tag shall only be used for the animal which it was issued for. If there is a change in ownership of a registered dog or cat, the new owner shall have the registration transferred to his name. Transfer applications shall be made at the city office accompanied by a fee $1.00 with proof of rabies vaccination for such transfer. If a license tag is lost or destroyed, the owner shall apply to the city for a replacement tag. Fee-exempt registrations may be issued for the following:
(1) Police or sheriff department's dog.
(2) Dogs trained to lead persons with a total or partial disability.
(3) Animals other than dogs that are vaccinated against rabies.
(Ord. No. 2008-11-01, § 1, 1-6-09)
Sec. 10-49. Finders of lost dogs and cats; responsibility to report.
(a) Any person who finds and harbors a dog or cat without knowing the dog or cat owner's identity shall notify the animal control officer and furnish a description of the dog or cat.
(b) The finder of the dog or cat may surrender the animal to the animal control officer, or upon approval of the animal control officer may keep the animal in his possession, subject to surrender upon demand of the animal control officer when the correct owner is identified or for reasons of public health and safety.
(Ord. No. 2008-11-01, § 1, 1-6-09)
Sec. 10-50. Dead animals; duty to remove.
If any animals or fowl shall die in the possession of any person in this city, it shall be the duty of such person to cause the same to be at once removed to a site approved by the city and buried or otherwise disposed of. In case the owner or person having charge of such animal or fowl shall neglect or refuse to remove such dead animal or fowl within 24 hours after the death, the agency provided by the city for the removal of dead animals, or if no such agency exists, then the city or the department of health shall cause the dead animal or fowl to be removed at the expense of such owner or person having charge of the dead animal or fowl. Fees for removal of deceased pets is $5.00 and deceased livestock is $75.00. Whenever the owner or other person having charge of the dead animal or fowl cannot be found, it shall be the duty of the agency provided by the city for the removal of dead animals, or if no such agency exists then the city or the department of health, to cause such animal to be removed and buried at the expense of the city.
(Ord. No. 2008-11-01, § 1, 1-6-09)
Sec. 10-51. Cruelty to animals.
The city will investigate all cases of alleged cruelty to animals and appropriate criminal charges may be filed under the provisions of the Penal Code of the State of Texas.
Cruelty to animals may include the following:
(1) Physical abuse. It shall be unlawful for any person to willfully or maliciously kill, maim, disfigure, torture, beat with a stick, chain, club or other object, mutilate, burn or scald with any substance, poison or attempt to poison or otherwise cruelly set upon any animal, except that reasonable force may be employed to drive off vicious or trespassing animals.
(2) Physically mistreat or neglect. It shall be unlawful for any person to knowingly, intentionally or recklessly cause or allow any animal to endure unreasonable pain, suffering or injury.
(Ord. No. 2008-11-01, § 1, 1-6-09)
Sec. 10-52. Keeping of wild animals and exotic animals.
It shall be unlawful to harbor or keep any wild animal excluding such animals in the possession of a publicly or privately owned zoo maintained or operated by a nonprofit organization or government entity, publicly or privately maintained circus, traveling show or rodeo which does not remain in the city longer than 30 days in each calendar year, or excluding hospitals or clinics operated by licensed veterinarians, and wildlife rehabilitators and falconers holding current licenses issued by the state parks and wildlife department and the United States Fish and Wildlife Service.
It shall be unlawful for any person to own, keep or maintain any animal defined as an exotic animal within the limits of the city unless duly authorized or licensed as required under state and federal law and permitted under this Code.
(Ord. No. 2008-11-01, § 1, 1-6-09)
Sec. 10-53. Importation of certain animals.
The following animals, because they have a high probability of carrying rabies and constitute a danger to public health if brought into Texas, will be excluded from importation as domestic pets:
(1) Skunk (Mephitis mephitis, Spilogale putorius, Spilogale gracilis, Mephitis macroura, Conepatus mesoleucus, Conepatus leuconotus).
(2) Fox (Vulpes fulva).
(3) Raccoon (Procyon lotor).
(4) Ringtail (Bassaricsus astutus).
(5) Bobcat (Lynx rufus).
(6) Coyote (Canis latrans).
(7) Marten (Martes martes).
These animals may be imported if they are destined for a research institute or public display as in zoos or organized entertainment units (circus).
(Ord. No. 2008-11-01, § 1, 1-6-09)
Sec. 10-54. Molesting animals.
It shall be unlawful for any person to in any manner tease, annoy, disturb, molest or irritate any animal that is confined to the animal's owner's premises.
(Ord. No. 2008-11-01, § 1, 1-6-09)
Sec. 10-55. Trapping.
It shall be unlawful to set or cause to be set a snare trap, metal spring trap or connebear-type trap within the city limits.
(Ord. No. 2008-11-01, § 1, 1-6-09)
Sec. 10-56. Animal fights.
It shall be unlawful for any person or persons within the limits of the city to set dogs or other animals or fowl to fighting, by agreement or otherwise, or in any manner to urge, forward or encourage the fighting.
(Ord. No. 2008-11-01, § 1, 1-6-09)
Sec. 10-57. Animal control violation; citation.
Whenever a police officer or animal control officer of the city shall observe any violation of this chapter, it shall be such officer's duty to issue an animal control citation to the appropriate person. At the time of the commission of the alleged violation, the accused may be served with a printed notice requiring him to make such appearance on or before the date specified and advising whether execution of waiver of appearance and plea of guilty has been made available by the court of such violation. Such notice shall further notify the accused that he must appear at such court during the hours fixed by the judges of the municipal court as shown on such notice and, upon direct refusal or failure to so appear, a warrant shall be issued for his arrest.
(Ord. No. 2008-11-01, § 1, 1-6-09)
Sec. 10-58. Animal protection.
A person commits an offense if he intentionally, knowingly, recklessly or with criminal negligence leaves an animal unattended in any standing or parked vehicle in such a way as to endanger the animal's physical health, safety or immediate welfare.
In the event that a person is found guilty of this offense, the municipal court shall, in addition to any fine and court costs assessed, assess any and all fees and expenses incurred pursuant to the provisions set out is this chapter.
In the event that an animal is left unattended in any standing or parked vehicle in such a way as to endanger the animal's physical health, safety or immediate welfare, an animal control officer or police officer shall make a reasonable attempt to locate the owner or person in control of the vehicle. In the event that the owner of the vehicle cannot be located after reasonable attempt, an animal control officer or police officer is authorized to use reasonable force and measures to remove the animal from the vehicle to secure the animal's physical health and safety. An animal removed from a vehicle under these circumstances shall be taken to the city animal shelter, or to a veterinarian if the animal is determined to be in physical distress, and a written notice shall be attached to the vehicle by the animal control officer or police officer advising that of the telephone number and address of the location from which the animal may be claimed. The city shall have no responsibility for any damage sustained to a vehicle in the course of securing the safety of an animal under this section.
(Ord. No. 2008-11-01, § 1, 1-6-09)
Sec. 10-59. Animals in vehicles.
A person commits an offense if he intentionally, knowingly, recklessly or with criminal negligence transports an animal in a motor vehicle, trailer or other conveyance in a cruel, inhumane or unsafe manner or fails to effectively and humanely restrain the animal so as to prevent the animal from jumping from or being thrown from the vehicle, trailer or other conveyance during its normal operation.
(Ord. No. 2008-11-01, § 1, 1-6-09)
Sec. 10-60. Tethering of animals.
A person commits an offense if he tethers, chains or otherwise secures an animal by or under any of the following methods or circumstances:
(1) To tether an animal in such a way that it is capable of moving within 15 feet of any public right-of-way, park, or other public land, including sidewalks, or within five feet of any privately or commercially owned property line when such tether or line is stretched to its full length;
(2) To tether any animal in such a manner as to cause the animal injury or pain or not to permit the animal to reach shelter, food and or water or otherwise create an unsafe or unhealthy situation;
(3) To tether any animal in a manner whereby the animal is subject to harassment by people, stings or bites from outdoor insects, or attacks by other animals;
(4) To tether any animal with a tether that is not equipped with swivel ends and which is not also attached to a pulley or a trolley;
(5) To tether any animal in such a manner that does not prevent the animal from becoming entangled with any obstruction, from partially or totally jumping any fence, or from leaving its owner's property;
(6) To fail to remove waste from the area within which the animal is tethered on a reasonable basis so as to avoid a health hazard;
(7) To tether any animal without using a properly fitted collar or harness which prevents the tether from being directly wrapped around the animal's neck;
(8) To tether with a choke-type collar of any sort;
(9) To tether any animal in such a manner as to permit the animal to leave the owner's property.
(Ord. No. 2008-11-01, § 1, 1-6-09)
Secs. 10-61--10-80. Reserved.
DIVISION 2.
PERMITS
Sec. 10-81. Large livestock animal permit requirements.
It shall be unlawful to keep any large livestock animal within the limits of the city without having procured a permit for the animal and without adhering to the requirements described in section 10-44.
(Ord. No. 2008-11-01, § 1, 1-6-09)
Sec. 10-82. Small livestock animal and fowl permit requirements (excluding dogs, cats and household pets).
(a) It shall be unlawful for any person to keep or harbor small livestock animals or fowl, without a permit, in numbers equal to or greater than the minimum provided in table II. This section does not apply to the keeping of dogs, cats or other household pets.
Table II
|
Sheep and goats |
400 square feet per animal |
|
Ratites |
400 square feet, (Ratites include per animal emu and ostrich) |
(b) It shall be unlawful for any person to keep or harbor small livestock animals or fowl within pens, enclosures or shelters closer than 50 feet from a neighboring residence.
(c) Pasturage provided for the animals, in addition to enclosures meeting the requirements in subsection (b) of this section, may extend to the full extent of the animal owner's property.
(Ord. No. 2008-11-01, § 1, 1-6-09)
Sec. 10-83. Calculating maximums; exclusions.
In calculating the maximum numbers of animals per pen, the number shall not include:
(1) Large livestock animals and large fowl under the age of 180 days if the animal's biological parent is lawfully kept upon the premises.
(2) Small livestock animals under the age of 60 days or kept within a dwelling.
(3) Fowl under the age of 30 days or kept within a dwelling.
(Ord. No. 2008-11-01, § 1, 1-6-09)
Sec. 10-84. Standards for animal pens, enclosures and shelters.
Animal pens, enclosures and shelters shall be constructed of materials that are of good and durable quality and that will not be unsightly and likely to lower the value of the adjoining properties or likely to cause hazards to the health, safety and welfare of the inhabitants of the city. Dilapidated material of any kind shall not be used in the construction of pens, enclosures and shelters. This section shall also apply to existing permitted animals and their pens, enclosures and shelters. A permit shall not be issued or renewed unless the city is satisfied with the quality of the construction materials and methods.
(Ord. No. 2008-11-01, § 1, 1-6-09)
Sec. 10-85. Application for permit (excluding cats, dogs and household pets).
Application for a permit to keep any large or small livestock animals or fowl shall be made to the city, in writing, upon forms provided for that purpose by the animal control officer or city manager for the city. Such application shall contain the following information in addition to such other information as the animal control officer or city manager may desire:
(1) Name and residence of the applicant;
(2) Location of premises where large or small livestock animals or fowl are to be kept;
(3) Species of large or small livestock animals or fowl to be kept;
(4) Number of large or small livestock animals or fowl to be kept;
(5) Statement of method in which all manure and waste material accumulating from such large or small livestock animals or fowl will be sanitarily disposed of;
(6) An attached diagram or plat of the premises, showing dimensions of the premises, the location and dimensions of the enclosure, corral, pen or shelter, and the distance from residence buildings and property lot line, either on the same lot or on adjacent property.
(Ord. No. 2008-11-01, § 1, 1-6-09)
Sec. 10-86. Issuance of permit for large and small livestock animals and fowl (excluding cats, dogs and household pets).
Prior to the issuance of any permit for the keeping of large or small livestock animals or fowl, the animal control officer or designee shall investigate the application for the permit and determine whether such premises conform to the requirements of this chapter and other ordinances of the city with respect to zoning and building regulations, sanitation and location of enclosures and shelters. No permit shall be issued by the city until proper facilities are provided for the care and protection of the large or small livestock animals or fowl to be cared for on the premises and the location of the premises is deemed to be proper and suitable for the keeping of such large or small livestock animals or fowl and the application has been approved as to proper zoning.
(1) The animal control officer shall verify his approval or disapproval of the application and shall issue or refuse the permit accordingly. The permit may include reasonable conditions determined by the animal control officer to be necessary to prevent a nuisance, such as the number and kind of animals or birds to be kept. All conditions of a permit are subject to review and revision by the animal control officer.
(2) The application and review conducted by the animal control officer for any large livestock animal permit shall be brought before the city council and a public hearing shall be held prior to the issuance of any permit. Following the public hearing the city council will approve of or deny the request for the issuance of any large livestock animal permit.
(3) The animal control officer shall issue or deny the issuance of a large livestock animal permit under this article only at such time that the application has been brought before city council and a public hearing has been held and the city council has approved or denied the request. The animal control officer may issue or deny issuance of a permit for small livestock animals.
(Ord. No. 2008-11-01, § 1, 1-6-09)
Sec. 10-87. Refusal to issue a permit.
The action of the animal control officer shall be final unless the applicant shall within ten days after refusal to grant such permit, file a written appeal with the city secretary addressed to the city manager, requesting review. Should the city manager concur in the decision of the animal control officer, that decision shall be final unless the applicant shall within ten days after concurrence file a written appeal with the city secretary addressed to the city council requesting a review of the decision of the animal control officer and the city manager. This permit may be revoked at any time upon violation of any of the conditions and requirements. The appeal procedure for revocation of this permit shall be the same as stated in this section for refusal to grant a permit. No appeal may be made for denial of issuance of a large livestock animal permit.
(Ord. No. 2008-11-01, § 1, 1-6-09)
Sec. 10-88. Revocation and suspension of permit.
Any permit issued under this division shall be subject to revocation or suspension by the city for violation by the permittee of any of the provisions of this division, or other ordinances of the city with respect to the keeping of large or small animals or fowl. A permittee whose permit has been suspended must cure the violations within 72 hours in order to prevent revocation of the permit.
(Ord. No. 2008-11-01, § 1, 1-6-09)
Sec. 10-89. Large and small livestock animals or fowl; permit renewal, amendment.
A permit to keep a large and small livestock animal or fowl shall be renewed annually by the last day of the same month in which it was issued the previous year by payment of the appropriate fee. If the ownership of the place in which the animals are kept is changed, the permit may be changed accordingly upon written verified application and payment of a fee of $10.00 for amending the permit. The fee assessed in this section is to pay part of the cost of enforcing this chapter.
(Ord. No. 2008-11-01, § 1, 1-6-09)
Sec. 10-90. Display of permit numbers.
Each permittee shall permanently display the permit number on a display board or sign approved by animal control officials, not less than four inches in size, where such animals are kept so that such permit number is clearly visible from the street or alley nearest to the enclosure.
(Ord. No. 2008-11-01, § 1, 1-6-09)
Sec. 10-91. Permit and inspection fees.
Before any permit to keep any large or small livestock animal or fowl, the applicant shall pay an initial inspection and permit fee of $25.00 for each premises upon which such animals or fowl are to be kept. Permit renewal shall cost $10.00 per premises. No permits shall be renewed if there have been violations of the permit requirements. Where permits have been suspended or there have been violations of the permit requirements, the owner shall be required to submit for a new permit and investigation of the premises.
(Ord. No. 2008-11-01, § 1, 1-6-09)
Sec. 10-92. Large and small livestock animal permit fee exemptions.
Large and small livestock animals, to be utilized for exhibit purposes by members of any FHA or 4H Club, are subject to large and small livestock animal permit requirements, but may be exempt from permit fees. Permits shall be required to ensure compliance with all applicable sections of this chapter. The owners shall present the animal control officer with documentation from the organization indicating that the animal is for exhibit purposes.
(Ord. No. 2008-11-01, § 1, 1-6-09)
Sec. 10-93. Permit required for exotic animals.
No person shall keep within the city any wild or exotic species of animal or bird, warm or cold blooded, unless a permit is obtained from the animal control officer. A special permit may be obtained if all conditions, regulations and rules are met by applicant as determined by the animal control officer. No permit shall be issued a special permit if there is any concern about the health and safety of the community of its citizens by granting such permit. A permit, if granted, is valid for one year from the date of issuance and must be renewed annually. If granted, such permit may be revoked at any time as deemed necessary as determined by any animal control officer.
(Ord. No. 2008-11-01, § 1, 1-6-09)
Secs. 10-94--10-115. Reserved.
DIVISION 3.
RESTRAINT; IMPOUNDMENT
Sec. 10-116. Restraint of animals and birds.
Every person owning or having charge, care, custody or control of any domestic animal or bird shall keep such animal or bird under his control by means of physical restraint as follows:
(1) Confined on the premises of the owner within a fence or enclosure.
(2) Fastened or picketed by a lead, rope or chain so as to keep the animal on the premises.
(3) Under the control of a person by a leash.
(4) On or within a vehicle being driven or parked.
(5) The living area for each animal being kept confined or restrained shall have adequate drainage such that the animal shall be free to walk or lie down without coming in contact with standing water.
(6) If any animal is restrained by a chain, leash, wire cable or similar restraint, such restraint shall be designed and placed to prevent choking or strangulation or entanglement with other objects. Such restraint shall not be less than ten feet in length.
(7) If any animal is kept in an enclosure, the enclosure shall be constructed of material, and in a manner to minimize the risk of injury to the animal, and shall encompass sufficient usable space to keep the animal in good condition.
Any domestic animal or bird in violation of this section may be seized and impounded by the animal control officer.
(Ord. No. 2008-11-01, § 1, 1-6-09)
Sec. 10-117. Running at large prohibited.
No person keeping or harboring any animal or fowl shall permit such animal or fowl, except pigeons, to go loose or run at large in any of the public ways of the city or upon the property of another, except in enclosures on the private property owned or leased by the person keeping or harboring such animal or fowl. Any unidentifiable or unidentified animal not wearing a collar displaying a rabies vaccination tag will be considered stray or feral, and shall be subject to animal control.
(Ord. No. 2008-11-01, § 1, 1-6-09)
Sec. 10-118. Impoundment and destruction.
(a) Any animal found to be in noncompliance with the provisions of this chapter shall be impounded by the city. In lieu of impoundment, the known owners of such animals may be issued a citation by the city that shall require the owner to appear in a municipal court within ten days to answer a charge of a violation of the provisions of this chapter.
(b) Reasonable efforts shall be made by the city to promptly notify by telephone or personal contact the owner of any animal impounded.
(c) Animals impounded by the city shall be redeemed by the owner upon correction of the reason for such impoundment and the payment of all fees and penalties within three days of impoundment or upon order of the municipal court unless such animals are being held in quarantine or observation for a bite incident, have been or are under suspicion of having been exposed to rabies, or are being held on a complaint filed against the owner for violation of this chapter in the municipal court of the city. Animals eligible for redemption by the owner and not redeemed within four days of impoundment become the property of the city. Such animals may be euthanized or the ownership of such animals may be transferred to any competent person; provided, the animals have no history of exposure to zoonotic diseases, are in apparent good health, have no history of biting or attacking a person or other domestic animal, are currently vaccinated against rabies if such animals are dogs or cats four months of age or older, and the person applying for ownership pays all required fees.
(d) Any animal impounded and suffering from serious injuries, in apparent great pain or having a disease which would endanger the public health may be euthanized after reasonable efforts to locate the owner have failed and there is no apparent reason for allowing the continued suffering of the animal. Animals may be disposed of prior to 72 hours from the time of impoundment, if upon notification of impoundment, the owner states he does not wish to redeem the animal and releases the animal in writing to the sole jurisdiction of the animal control officer.
(Ord. No. 2008-11-01, § 1, 1-6-09)
Sec. 10-119. Redemption of impounded animals.
(a) The owner shall be entitled to resume possession of any impounded animal upon payment of the impoundment and daily board fees and compliance with vaccination-registration requirements; provided, application for such possession, with payment of all required fees, is made within 72 hours after impoundment, or within such time after impoundment as may be agreed to by the animal control officer and such owner, if such agreement is made within such 72-hour period and such additional time does not exceed ten days' total impoundment time.
(b) The owner of any animal over the age of four months which has not been vaccinated as required by this chapter, upon satisfactory proof of ownership, shall pay to the animal control officer the sum of $12.00 for rabies vaccination, city tag and handling charges. Upon payment of the fee a receipt for the shots shall be given to the owner to be honored by the veterinarian designated by the owner. The owner of the animal shall have seven days to take the animal and receipt to the veterinarian for vaccination. After the expiration of seven days from the date of issuance of the receipt, if the animal is not vaccinated by the designated veterinarian, the $12.00 portion of the fee specifically collected for rabies vaccination shall be forfeited to the city. Each month all veterinarians shall turn in all receipts they have received, and the city shall reimburse the veterinarians for the full value of each receipt.
(c) Adoption, spaying and neutering:
(1) Whenever an unlicensed dog or cat is adopted, such owner shall be required to pay a rabies vaccination fee to the animal control officer. The animal control officer shall thereupon issue a receipt for such fee, and the holder thereof may have such animal vaccinated for rabies by any veterinarian licensed to practice veterinary medicine in the state who has agreed to administer such rabies vaccination receipts. Any rabies vaccination shall be obtained by the owner or purchaser of such dog or cat within seven days after obtaining custody of such dog or cat. The animal control officer shall maintain and make available to any owner or purchaser of any dog or cat a list of veterinarians honoring such receipts. In addition, the owner or purchaser of any dog or cat shall be required to obtain a license tag for such dog or cat at the time of such sale or redemption.
(2) The adopting person shall comply with all the adoption conditions and surgery conditions for the adopted animal as set forth in the contract.
(3) Should the adopted animal be lost or die before the adoption and surgery conditions as set forth in the contract have been complied with, such loss or death shall be reported in person or by mail to the animal control shelter not later than seven days after its occurrence.
(4) Any person adopting an animal from the animal control shelter shall pay a deposit of $70.00 of which $35.00 shall be returned in voucher form towards the spaying/neutering of such animal. The adopter shall, within 30 days or when the animal reaches the age of six months, have the animal spayed/neutered by a veterinarian of his choice. Upon receipt of notice from the veterinarian, on forms provided by the animal control officer, the animal control officer shall pay over to the veterinarian the $35.00 toward the veterinarian's fee.
(5) The adopter shall forfeit the surgery deposit in the event that such surgery deposit has not been redeemed within 30 days after the date the surgery was due to be performed.
(6) The forfeiture of such surgery deposit shall in no way release the adopter from the obligation of having the required surgery performed.
(7) The provisions of this section shall only apply to dogs and cats of the age of four months or more, excluding the provisions for spaying/neutering which are set out in subsection (c)(4) of this section.
(d) The owner shall not be entitled to possession of any animal held under quarantine or observation for rabies until a written release is obtained by the observing veterinarian and until all fees have been paid. The payment of such fees may be deferred until the animal is eligible for release.
(e) Any dog or cat impounded and not reclaimed by the owner within five days may be humanely destroyed. If the animal control officer determines that any unclaimed dog or cat is reasonably healthy, currently vaccinated against rabies, and should not constitute a threat to public or animal health of the community, the animal control officer may offer such dog or cat for adoption. If not adopted, the animal shall be humanely destroyed.
(f) The animal control officer shall approve all applications for adoption of unclaimed animals. Adopted animals must comply with all registration and vaccination provisions of this chapter. If any impounded animal, other than a dog or cat, is not claimed by the owner within seven days, the animal shall be held for such time as the animal control officer deems reasonable, considering the animal's probable value, condition of health and suitability for use. Upon expiration of such reasonable time, the animal control officer may offer the animal, if suitable, to be sold by posting the date of sale, the animal's description and sale location for five full days on the city hall bulletin board, on the courthouse door and on one other public place in the city. Animals not suitable for sale will be humanely destroyed.
(Ord. No. 2008-11-01, § 1, 1-6-09)
Sec. 10-120. Fees.
(a) Impoundment fees. Impoundment fees shall be as follows:
(1) a. Livestock (cattle, horses, asses, mules), $100.00 per animal;
b. Swine, sheep, goats, $30.00 per animal;
(2) Fowl and rabbits, $20.00 per animal;
(3) Any dog or cat held or impounded in the animal shelter because of being found running at large shall be released to the owner thereof by the city upon presentation of the following:
a. Proof of ownership of such animal;
b. Payment of the daily boarding cost;
c. Payment of the impoundment fee as follows:
First violation per animal, written warning or
$25.00 (altered animal).
$80.00 (unaltered animal).
Second violation per animal, $50.00.
Third violation per animal, $75.00.
Fourth and all ensuing violations per animal, $150.00.
Any animal not currently vaccinated against rabies shall pay to animal control a fee of $12.00 and animal will be vaccinated by veterinarian before return of animal.
(b) Board fees. Each day shall begin at 12:01 a.m. and the specified fee shall be charged for any portion of any day.
Board fees shall be:
$15.00 per day for feline;
$25.00 per day for 0--50 lbs. canine; and
$35.00 per day for 50 lbs. and up canine.
(c) Quarantine fees. Any owner who has an animal which is placed into quarantine shall be charged as follows:
(1) Livestock such as cattle, horses, asses, mules, swine, sheep and goats, $50.00 per quarantine day.
(2) Fowl and rabbits, $10.00 per quarantine day.
(3) Dogs, cats and other animals for which a specific fee is not shown, $25.00. per quarantine day.
(d) Adoption fees. Fees for the adoption of any animal from the animal control shelter shall be $70.00 per animal.
(e) Euthanasia fees. Charges resulting from the humane destruction of any animal shall be as follows:
(1) Livestock such as:
Cattle, horses, assess, mules $100.00 per animal.
Swine, sheep and goats, $30.00 per animal.
(2) Fowl and rabbits, $15.00 per animal.
(3) Dogs, cats and other animals for which a specific fee is not shown, $30.00. per animal.
(f) Voluntary pick up. Any citizen who no longer wishes to possess or own any animal may contact the animal control officer. The animal control officer will then pick up and hold such animal until which time that animal can be adopted or must be destroyed.
Voluntary pick up fees are:
Pets, $30.00.
Livestock such as:
Cattle, horses, asses, mules, $50.00.
Swine, sheep and goats, $35.00.
(g) Dog and cat registration. The dog and cat registration fee shall be:
Yearly license:
$3.00 per animal (altered animal).
$7.00 per animal (unaltered animal).
Replacement license: $3.00.
Registration is required for animals kept within city limits. For issuance of yearly license must show proof of current rabies vaccinations.
(h) Retention of fees. All fees resulting from impoundment, board and care, registration of animals, the permitting of livestock and fowl received by the city are used to help defray the expenses of the enforcement of this chapter.
(Ord. No. 2008-11-01, § 1, 1-6-09)
Secs. 10-121--10-145. Reserved.
ARTICLE III.
RABIES CONTROL*
__________
* Cross References: Health and sanitation, ch. 54.
__________
Sec. 10-146. Vaccination; report of infection.
(a) The owner of any dog or cat shall have such dog or cat vaccinated against rabies by a licensed veterinarian by the time such dog or cat is four months of age and must maintain current vaccination of the animal. Any licensed veterinarian who vaccinates a dog or cat against rabies shall issue to the owner of the animal a vaccination certificate showing the owner's name, address and telephone number, the species, sex, size in pounds, predominant breed and color of the animal, the vaccine used, the date vaccinated, the rabies tag number and the veterinarian's signature and license number.
(b) Any person having knowledge of an animal suspected of being infected with rabies shall immediately notify the city.
(Ord. No. 2008-11-01, § 1, 1-6-09)
Sec. 10-147. Reports of human exposure to rabies.
(a) Any person having knowledge of a dog or cat bite inflicted upon an individual, or any animal bite inflicted upon an individual that the person could reasonably foresee as capable of transmitting rabies shall immediately report the incident to the city. Such report shall include, if known, the name and address of the bite victim, the name and address of the owner of the dog, cat or other animal, a description of the biting dog, cat or other animal, the date of the incident and any other information which may aid in locating the bite victim and the biting dog, cat or other animal.
(b) Every physician or other medical practitioner shall report the names and address of any person treated for an animal bite to the city.
(c) Any dog or cat which is currently vaccinated against rabies and which bites any person or domestic animal shall be placed in quarantine, except as noted in subsection (e) of this section, within a quarantine facility registered with the state department of health for a period of ten days. The ten-day quarantine period shall commence with the date of the bite. Upon request of the owner of such dog or cat, the city may permit home quarantine if secure facilities for containing the animal are available at the residence of the owner and approved by the city, if the animal was not in violation of any laws at the time of the bite and if the city observes the animal on at least the first and last days of the quarantine period.
(d) Any dog or cat which is not currently vaccinated against rabies and which bites any person or domestic animal shall be placed in quarantine, except as noted in subsection (e) of this section, within a quarantine facility registered with the state department of health for a period of ten days. The ten-day quarantine period shall commence with the date of the bite.
(e) Any dog or cat which bites any person or domestic animal and for which the owner cannot be located, any dog or cat which develops signs indicative of rabies during the ten-day quarantine period, and any dog deemed a hazard to public health and safety shall be euthanized and the brain submitted to a laboratory certified by the state department of health for rabies diagnosis.
(f) Any animal, other than a dog or cat, which bites a person or domestic animal and which could reasonably be suspected of transmitting rabies shall be immediately euthanized and the brain submitted to a laboratory certified by the state department of health for rabies diagnosis.
(g) The animal control officer shall investigate each bite incident, utilizing standardized reporting forms provided by the state department of health. If a local health authority or medical facility receives such bite report, they shall immediately relay the report to the city animal control officer and be guided by such officer's instructions as to impoundment and restraint as deemed necessary by that officer.
(h) All quarantine fees shall be the responsibility of the owner. Any owner who has an animal which is placed into quarantine shall be responsible for the following fees:
(1) Dogs, cats and other animals for which a specific fee is not shown, $25.00 per quarantine day.
(2) Livestock such as cattle, horses, asses, mules, swine, sheep and goats, $50.00 per quarantine day.
Animals may be quarantined at local veterinary facility or other appropriate quarantine facility.
(Ord. No. 2008-11-01, § 1, 1-6-09)
Sec. 10-148. Report of rabies suspects, quarantine method and testing.
(a) It shall be the duty of every veterinarian to report immediately to the animal control officer his diagnosis of any animal observed by him as a rabies suspect and to make disposition of such confirmed cases of rabies as provided in this article.
(b) When a dog or cat which has bitten a human has been identified, the owner will be required to place the animal in quarantine. The ten-day observation period will begin on the day of the bite incident. The animal must be placed in either the animal control facility or a facility specified for this purpose, if available. The owner of an animal to be quarantined may request permission from the animal control officer for home quarantine if the following criteria can be met:
(1) Secure facilities must be available at the home of the animal's owner, and must be approved by the animal control officer.
(2) The animal is currently vaccinated against rabies.
(3) The animal control officer or a licensed veterinarian must observe the animal at least on the first and last days of the quarantine period. If the animal becomes ill during the observation period, the animal control officer must be notified by the person having possession of the animal. At the end of the observation period the release from quarantine must be accomplished in writing.
(4) The animal is not in violation of any laws at the time of the bite.
No wild animal will be placed in quarantine. All wild animals involved in biting incidents will be humanely killed in such a manner that the brain is not mutilated. The brain shall be submitted to a state department of health certified laboratory for rabies diagnosis.
(Ord. No. 2008-11-01, § 1, 1-6-09)
Sec. 10-149. Quarantine of animals suspected of rabies.
(a) Any animal having rabies or under suspicion of having rabies or having bitten a human or other animal shall be immediately confined by the owner. The owner must immediately notify the animal control officer of where the animal is confined and the reason. The owner shall not permit the animal to come in contact with any other person or animal until the animal is released from quarantine. The animal control officer shall order any animal biting a human or other animal to be placed in quarantine. The owner shall surrender possession of the animal to the animal control officer on demand for supervised quarantine. The ten-day observation period will begin on the day of the bite incident. The quarantine period shall be for not less than ten days immediately following the time of the bite incident and shall be under the supervision of a veterinarian.
(b) The owner must notify the animal control officer of the veterinarian supervising the quarantine. If the animal becomes ill during the observation period, the owner must notify the animal control officer and supervising veterinarian immediately.
(c) A release from quarantine may be issued by the veterinarian if no signs of rabies have been observed during the quarantine period. Any quarantined animal may be released to the owner upon official written release authorized by a veterinarian and upon payment of all fees incurred. The payment of such fees may be deferred until the animal is eligible for release.
(d) The violation of quarantine by any person shall be just cause for seizure and impoundment of the quarantined animal by the animal control officer.
(e) Any currently vaccinated and registered guard dog or police dog involved in a bite incident while in the expressed performance of guard or police duties shall be allowed to continue on duty under quarantine. It shall be the responsibility of the owner to have the dog observed during the quarantine and released from quarantine by a veterinarian.
(Ord. No. 2008-11-01, § 1, 1-6-09)
Sec. 10-150. Handling of animals exposed to rabies.
(a) Any animal exposed to rabies shall be handled in the following manner:
(1) Humane destruction with notification to, or under supervision of, the animal control officer;
(2) If not currently vaccinated, quarantine in a veterinary hospital for at least 12 months immediately following the date of the exposure. The animal shall be vaccinated 30 days prior to release; or
(3) If currently vaccinated, immediately placed in quarantine for at least 90 days immediately following the date of the exposure.
(b) No person shall fail or refuse to surrender an animal for supervised quarantine or humane destruction as required in this section for rabies control when demand therefor is made by the animal control officer.
(c) Any person having possession of or responsibility for any quarantined animal shall immediately notify the animal control officer if such animal escapes, or becomes or appears to become sick or dies, and in case of death of the animal while under quarantine, shall immediately surrender the dead body to the animal control officer for diagnostic purposes.
(d) No animal shall be released until all fees are paid in accordance with sections 10-118--10-120.
(Ord. No. 2008-11-01, § 1, 1-6-09)
Sec. 10-151. Supervision of destruction of animal suspected of rabies.
The animal control officer shall direct the disposition of any animal found to be or suspected of being rabid.
(Ord. No. 2008-11-01, § 1, 1-6-09)
Sec. 10-152. Surrender of carcass of animal suspected of rabies.
The carcass of any dead animal exposed to rabies shall, upon demand, be surrendered to the animal control officer.
(Ord. No. 2008-11-01, § 1, 1-6-09)
Secs. 10-153--10-185. Reserved.
ARTICLE IV.
DANGEROUS ANIMALS
Sec. 10-186. Dangerous dogs and animals deemed hazardous to public health and safety.
(a) It shall be unlawful for any person to own, keep or harbor any dangerous or vicious animal within the city; provided, this section shall not apply to animals under the control of a law enforcement or military agency. For the purpose of this chapter, a dog may be declared dangerous or vicious by an animal control officer after an attack that causes bodily injury or after an action by the dog which causes one to reasonably believe that the dog would attack and cause bodily injury.
(b) If the dog is determined to be dangerous or vicious, the owner must:
(1) Register the dog with the animal control officer for a $100.00 fee;
(2) Restrain the dog at all times on a leash in the immediate control of a person or in a secure enclosure; and
(3) Obtain liability insurance coverage or show financial responsibility in an amount of at least $100,000.00 to cover damages resulting from an attack by the dog causing bodily injury to a person and provide proof of the required liability insurance coverage or financial responsibility to the animal control officer.
(c) The animal control officer may cause the muzzling, secure confinement, removal from the city or humane destruction of any animal for any of the following reasons:
(1) Whenever an animal has committed an unprovoked attack upon any person or animal on more than one occasion.
(2) Whenever a lawful patron or visitor of a business is jeopardized by a guard dog which is not securely confined during hours such business is open to the public.
(d) Any dog which by an attack and regardless of circumstances causes the death of a person shall be deemed hazardous to public health and safety.
(e) The owner of any dog deemed to be a hazard to public health and safety shall be held liable for all medical expenses and all other legally allowable damages incurred as a result of an attack by such dog upon a person.
(f) The owner of any dog deemed to be a hazard to public health and safety shall be held liable for all veterinary medical expenses and all other legally allowable damages incurred as a result of an attack by such dog upon an owned domestic animal.
(g) Any dog deemed to be a hazard to public health and safety shall be surrendered by the owner of such dog immediately upon demand to the city for euthanization or shall be delivered by the owner of such dog to a licensed veterinarian for euthanization, and the owner shall deliver a statement of euthanasia by the veterinarian to the city within 24 hours of receipt of request for the dog by the city.
(h) Any dog maintained as a guard dog for purposes of property protection by the owner of such dog at a recognized business establishment and that bites or threatens to bite any person on the property of the business establishment at times other than the normal posted hours of operation of the business establishment shall not be considered a hazard to public health and safety provided such dog is physically securely confined to the boundaries of the property of the business establishment.
(i) Dangerous dog removal fee. Any person given the option of removing an aggressive animal from the within the city limits instead of being humanely destroyed shall pay a fee of $100.00 and all other assessed fees involving the dangerous animal.
(Ord. No. 2008-11-01, § 1, 1-6-09)
Sec. 10-187. Keeping of bees prohibited.
It shall be unlawful for any person to keep or raise bees [within] the city limits. Any person found keeping bees or a bee hive within the city limits will be subject to citation for each day the violation remains uncorrected or unabated. Said bees and hive(s) will be destroyed and/or abated at owner's expense including any costs associated with removal and cleanup of bees and hive(s).
(Ord. No. 2008-11-01, § 1, 1-6-09)
Secs. 10-188--10-220. Reserved.
ARTICLE V.
KENNELS*
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* Cross References: Businesses, ch. 22.
__________
Sec. 10-221. Permit for kennels, raisers or breeders of dogs, cats or other animals; selling of animals.
(a) Kennels, raisers and breeders of dogs, cats or other animals shall make application with the animal control officer or any duly authorized representative of the city for permission to keep or harbor in excess of four but not more than 12 dogs, cats or other animals or a combination thereof beyond the normal weaning age on any premises used or zoned for residential purposes. The animal control officer may issue a permit for one year to the applicant upon the following information being satisfied:
(1) Name of applicant, with permanent residence.
(2) The maximum number of dogs, cats or other animals to be kept or housed.
(3) The purpose for keeping or harboring the dogs, cats or other animals.
(4) The dogs, cats or other animals are to be housed in cages or pens inside the residence or a completely enclosed structure.
(5) The dogs, cats or other animals are kept or harbored so as to not be a nuisance or detriment to any adjoining or adjacent neighbors.
(6) The dogs, cats or other animals shall not bark or howl or create noises that cause the peace and quiet of the neighborhood or the adjacent premises to be disturbed.
(7) The cages or pens are to be maintained in a sanitary condition so as not to create any hazards to the general health and welfare of the community.
(8) The applicant shall furnish a drawing showing the dimensions of the lot, dwelling, fenced yard and other enclosed areas of the parcel of land that the permit is being requested for.
(9) The enclosed parcel of land that the dogs, cats or other animals to be kept or housed on shall have a minimum of 100 square feet per animal over the normal weaning age.
(10) The enclosed area in which the animals are to be housed shall be of adequate size, height and structure to prevent running at large.
(11) Permit and inspection fee shall be $50.00 for the initial inspection and permit application, and renewable at $10.00 per year so long as the permittee remains in compliance with requirements of this section and has no violations of such requirements. This permit will allow the selling of only those animals that are raised at the permitted premises.
(b) All pet dealers (commercial, raiser or itinerant) shall be required to present each purchaser of an animal a veterinary certification stating that the animal is free from disease or parasites.
(Ord. No. 2008-11-01, § 1, 1-6-09)
ARTICLE VI.
ANIMAL ADVISORY BOARD
Sec. 10-222. Created.
An animal advisory board is created to provide recommendations and suggestions to the city council and city manager regarding the welfare of impounded animals.
(Ord. No. 2008-11-01, § 1, 1-6-09)
Sec. 10-223. Members.
The city council shall appoint eight members to the board. One member shall be an elected council member, one member shall be a licensed veterinarian, one member shall be a member of the Humane Society, and five members shall be residents of council wards 1 through 5. The animal control officer shall sit on the board as the ex-officio member. A member's term is two years. The board shall select a chairman, vice-chairman, and recording secretary. The board will meet at least three times a year.
(Ord. No. 2008-11-01, § 1, 1-6-09; Ord. No. 2010-02-01, 3-16-10)
Sec. 10-224. Duties.
The duties of the board shall be:
(1) Review and recommend procedures for the care and maintenance of the animal shelter facilities and impounded animals to issue compliance with state law; and
(2) Periodically review the city's animal control ordinances with state law and make recommendations for revisions thereof.
(Ord. No. 2008-11-01, § 1, 1-6-09)