HomeMy WebLinkAboutORD 2006-66 - Animalsi
s
ORDINANCE NO.
WHEREAS, the Humane Society of the United States performed an audit and issued a final
report in November 2005 containing specific recommendations regarding the operation of the
Georgetown Animal Services; and
WHEREAS, recommendations made in the final report of the Humane Society of the United
States addressed updating the current provisions in the Code of Ordinances regarding animals,
and
WHEREAS, the Council recognizes that its Code of Ordinances is in need of amendment to
address these recommendations, and
WHEREAS, the Council finds that amending its ordinance regarding animals to reflect the
recommendations made is in the best interest of the City of Georgetown.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, THAT:
SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby
found and declared to be true and correct, and are incorporated by reference herein and
expressly made a part thereof, as if copied verbatim. The City Council hereby finds that this
ordinance implements the following Century Plan Element:
3.0 City owned, sponsored or managed health and human services enhance the quality of life
of the citizens of Georgetown.
The City Council further finds that the enactment of this ordinance is not inconsistent or in
conflict with any other Century Plan Policies, as required by section 2.03 of the Administrative
Chapter of the Policy Plan,
Ord. No. ADD(o�p
Amending Code Chapter 7 Animals
Page 1 of 13 Pages
I
SECTION 2. Section 7.01.010 of
"Definitions.") is hereby amended to
Sec.7.01.010. Definitions.
the Georgetown Code of Ordinances (pertaining to
read as follows:
When used in the City of Georgetown Code of Ordinances, Title 7, the following words
and terms, unless the context indicates a different meaning, shall be interpreted as
follows:
No changes needed to definitions "Animal" through "Dangerous animal. "
"Dangerous dog" means a dog that
A. 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
B. 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 those acts cause a person to reasonably believe that
the dog will attack and cause bodily injury to that person.
No changes needed to definitions "Domestic animal" through "Harboring."
"Kennel" means any facility where more than five dogs and/or cats are being kept for
boarding, training or breeding purposes.
No changes needed to definition "Multiple pet owner,"
No changes needed to definitions "Nuisance" through "Pet animal."
"Potentially dangerous dog"
persons as described in Texas
which, when unprovoked.
means any dog which is not considered a danger to
Health and Safety Code Chapter 822 Subchapter A, but
1. attacked and caused less than serious bodily injury to a person while the dog
was not inside an enclosure in which the dog was being kept;
2. chases or approaches a person upon the ' streets, sidewalks or any public or
private place outside of a secure enclosure in which the dog was being kept 'n an
apparent attitude of attack such that the person reasonably believes the dog will
cause bodily injury,
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Amending Code Chapter 7 Animals
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9
3. commits an act, in a place other than m a secure enclosure in which the dog is
being kept, that causes a person to reasonably believe the dog will attack and
cause them bodily harm; or
4. kills or seriously injures a domestic animal while
enclosure on the owner's property.
No changes needed to definitions "Poultry" to "Prohibited animals. "
No changes needed to definitions "Quarantine" to "Restricted animals. "
not inside a secure
"Running at large" means any domestic animal:
A. That is not a pet cat, is off the property of the owner and is not restrained by
means of a leash or other physical
control the actions of such animal;
apparatus of sufficient strength and length to
B. That is a cat and is causing a nuisance while off the property of its owner;
C. That is on the property of the owner and is not confined to the property of
the owner by a fenced enclosure that will prevent the dog from leaving on its
own or by means of a chain or other physical apparatus of sufficient strength,
and so arranged as, to prevent the animal from leaving the property of the
owner; or
D. That is in a .parked vehicle and is not restrained in a way so as to prevent the
animal from leaving the vehicle on its own.
"Secure enclosure" means a fenced area or structure that is.
A. locked;
B. capable of preventing the entry of the general public, including children;
C. capable of preventing the escape or release of a dog;
D. clearly marked as containing a dangerous dog, and
E. in conformance with the requirements for enclosures est
animal control authority,
ablished by the local
"Serious bodily injury" means an injury characterized by severe bite wounds or severe
ripping and tearing of muscle that would cause a reasonably prudent person to seek
treatment from a medical professional and would require hospitalization without regard
to whether or not the person actually sought medical treatment.
No changes needed to definitions "Severe attack" through "Wildlife. "
SECTION 3. Section 7.02.010, Chapter 7.02 of the Georgetown. Code of Ordinances (pertaining
to "Vaccination.' is hereby amended to read as follows:
Ord. No. 0?00r &&
Amending Code Chapter 7 Animals
Page 3 of 13 Pages
Sec. 7.02.010. Vaccination.
Every owner of a dog or cat over the age of three months shall have such animal
vaccinated against rabies virus in accordance with Title 25 of the Texas Administrative
Code, Chapter 169, Subchapter A, Section 160.29.
SECTION 4. Section 7.02.040, Chapter 7.02 of the Georgetown Code of Ordinances (pertaining
to "License required.") is hereby amended to read as follows:
Sec. 7.02.040. Pet license required.
All dogs and cats three months of age or older which are kept, harbored or
maintained within the City limits shall be licensed with the Animal Services
Department. Cat and dog licenses shall be provided by the Animal Services Department
or their agent -upon payment of the required fee and presentation of proof of vaccination
against rabies virus in accordance with Sec. 7.02.010 of this title. The license record shall
include the name, address and telephone number of the owner, and the type, breed,
color, name and sex of the cat or dog to be licensed and the veterinarian that vaccinated
the pet against rabies. Such licenses shall be valid for one year after the date of issue.
SECTION 5. Section 7.02.070, Chapter 7.02 of the Georgetown Code of Ordinances (pertainmg
to "Revocation of license.") is hereby deleted in its entirety.
SECTION 6. Section 7.04.030, Chapter 7.04 of the Georgetown Code
to "Quarantine of dogs and cats - Disposition of suspected animals
follows:
Sec. 7.04.030. Quarantine of rabies suspected animals.
of Ordinances (pertaining
.") is hereby amended as
Any dog, cat or domestic ferret that has bitten a person or scratched a person in a
way to cause them to reasonably believe the scratch exposed the person to rabies
virus shall be treated in accordance with Texas Health and Safety Code Chapter
826 and Title 25 of the Texas Administrative Code Chapter 169, Section 169.27,
SECTION 7. Section 7.04.040, Chapter 7.04 of the Georgetown Code of Ordinances (pertaining
to "Providing care required.") is hereby amended as follows:
Sec. 7.04.040. Providing care required.
Ord. No. 0100 (o ` (P
Amending Code Chapter 7 Animals
Page 4 of 13 Pages
No owner shall fail to provide proper care to any animals in their custody. Said
care shall consist of:
A. providing
requirements;
sufficient good and wholesome food to meet the animal's health
B. providing clean, potable water for drinking;
C. providing adequate shelter from all weather conditions. Said shelter shall
consist of:
1. a structure with three sides, a roof and a floor that prevents rain or other
precipitation from entering; or
2. a structure of dome, or other, shape with a floor that provides the animal
with shelter from all weather conditions.
D. providing access to shade for any animal outdoors when the temperature is
above 80 degrees Fahrenheit;
E. providing medical care when needed to prevent suffering;
F. grooming when lack thereof would adversely affect the health of the animal;
and
G. humane care and treatment.
SECTION 8. Section 7.04.050, Chapter 7.04 of the Georgetown Code of Ordinances (pertaining
to "Cruel treatment.") is hereby amended as follows:
Sec. 7.04.050. Cruel treatment.
No person shall.
A. beat, cruelly ill treat,
otherwise abuse an animal;
torment, mentally abuse, overload, overwork, or
B. causeor instigate any dog fight, cock fight,
between animals or between animals and humans;
bull fight or other combat
C. confine an animal in a manner which would cause the animal pain or
suffering or would endanger the health of the animal; or
Ord. No. 4Q 00&Wft&(V
Amending Code Chapter 7 Animals
Page 5 of 13 Pages
D. abandon an animal in their custody.
SECTION 9. Section 7.04.060, Chapter 7.04 of Chapter 7.04 (pertaining to "Abandonment.") is
deleted and hereby replaced as follows:
Sec.7.04.060. Enforcement.
For purposes of enforcement of Section 7.04.040 and Section 7.04.050 of this title,
Animal Services representatives shall be authorized to enter onto private property if said
representative observes, by reasonable means, an animal that appears to be in distress or
.
In danger.
SECTION 10. Section 7.05.010, Chapter 7.05 of the Georgetown Code of Ordinances (pertaining
to "Nonregisterable dangerous dogs.") is deleted and hereby replaced as follows:
Sec. 7.05.010. Determination of a dangerous dog.
A dog is determined to be a dangerous dog under this article if it meets the
definition in Section 7.01.010 of this title and:
A. an owner of the dog in question knows of such an attack or occurrence as
defined in Section 7.01.010 of this title, or
B. the owner is notified by the Animal Services Department that the dog in
question is a dangerous dog. The Animal Services Department may determine a
dog is a dangerous dog if.
1. upon receipt of an affidavit of complaint signed by one or more persons,
made under oath before a person authorized by law to take sworn statements
or made before a City of Georgetown Animal Control Officer, describing an
act listed in Section 7.01.010 of this title and set forth as follows:
a. nature and the date of the act described in Section 7.01.0100
b. the location of the event;
Cal the name and address of the owner of the dog in question; and
d. the description of the animal in question; and
2. the Animal Services Department has been notified by another agency that
the dog in question has been determined to be a dangerous dog according to
Texas Health and Safety Code Chapter 822, Subchapter D. The owner of the
Ord. No. oi�dr0'(0�0
Amending Code Chapter 7 Animals
Page 6 of 13 Pages
dog in question can not appeal a determination of dangerousness made by
notification by another agency to the Municipal Court.
SECTION 11: Section 7.05.020, Chapter 7.05 of the Code of Ordinances (pertaining to
"Determination of nonregisterable dangerous dog.") is hereby deleted as follows.
Sec.7.05.020.
SECTION 12: Section 7.05.030, Chapter 7.05 of the Code of Ordinances
"Determination of nonregisterable dangerous dog.") is hereby re -numbered as
and amended as follows.
Sec. 7.05.020. Notification.
(pertaining to
Section 7.05.020
The Animal Services Department shall notify the owner of a dog determined to
be a dangerous dog Mn a timely manner. Such notification will be in writing and.
A. be delivered by an
the dog in question; or
Animal Services representative in person to the owner of
B. be sent to the owner of the dog in question through certified mail, return
receipt requested. In the event certified mail, return receipt requested, cannot be
delivered, Animal Services personnel may attach notification of determination to
the door of the residence of the owner of the dog in question f acing a public
street and send notification through ordinary mail.
Date of notification will be the date that written notification was delivered in
person to the owner of the dog in question or the date specified as received on the
receipt for certified mail or the date notification was attached to the door of the
residence of the owner of the dog in question.
SECTION 13. Section 7.05.030 to be titled "Appeal." is hereby adopted to replace the section re-
numbered Section 7.05.020 (see above) as follows.
Sec. 7.05.030. Appeal.
Appeal of determination
of dangerous dog must be made in writing by the
owner of the dog in question to Municipal Court on a date not later than the fifteenth
day after the date of notification. If such appeal is not made before the specified time,
the determination by Animal Services will be final. The owner of the dog must then
comply with the requirements for the keep
Ord. No. OIL
Amending Code Chapter 7 Animals
Page 7 of 13 Pages
ing of a dangerous dog as set forth in Section
7.05.060 of this article within five days of the date the determination becomes final that
the dog is a dangerous dog.
SECTION 14, Sec. 7.05.040 of the Code of Ordinances (pertaining to the "Status of dog pending
appeal.") is hereby renumbered as Sec. 7.05.050 and amended as follows:
Sec.7.05.050. Status of dog pending appeal.
A. If Animal Services has possession of the dog in question at the time of
determination of the dog to be a dangerous dog is made, Animal Services will
maintain possession of the dog and keep it in a secure and humane manner until
final determination is made, unless the owner of the dog requests custody of the
dog in question and complies with subsection C (1) or (2) of this section.
B. If any person other than the owner of the dog in question has possession of
the dog at the time of determination of the dog to be a dangerous dog, such
person shall surrender the dog to Animal Services representatives immediately.
Animal Services will keep the dog in a secure and humane manner, until final
determination is made.
C. If the owner of the dog has possess of the dog in question at the time of
determination of the dog to be a dangerous dog:
1. the owner may keep possession of the dog until final determination has
been made provided the owner keeps the dog in an enclosure that
Animal Services representatives deem to be secure enough to prevent the
dog from running at large; or
2. the owner may keep the dog confined at a licensed veterinary clinic, cost
of which will be borne by the owner, until final determination is made; or
3. the owner may surrender the dog to Animal Services representatives, and
Animal Services will maintain possession of the dog and keep it in a
secure and humane manner until a final determination is made.
D. If the dog in question is observed by a representative of Animal Services to be
running at large after the owner of the dog has been notified of the determination
that the dog is a dangerous dog, an Animal Services representative will impound
the dog and it will be kept by Animal Services in a secure and humane .manner
until final determination is made.
E. Upon receipt of an affidavit of complaint signed by one or more persons,
made under oath before a person authorized by law to take sworn statements or
Ord. No. a0440
Amending Code Chapter 7 Animals
Page 8 of 13 Pages
made before a City of Georgetown Animal Control Officer, stating that the dog
in question was running at large after the owner of the dog was notified of the
determination that the dog is a dangerous dog, the court will issue a seizure
order for the dog in question. A City of Georgetown Animal Control Officer,
accompanied by a City of Georgetown Police Officer, will impound the dog in
question and it will be kept by Animal Services in a secure and humane manner
until final determination is made.
SECTION 15: Section 7.05.040 of the Code of Ordinances (pertaining to Status of dog pending
appeal.) is hereby adopted to replace the section re -numbered Section 7.05.050 (see above), as
follows:
Sec. 7.05.040. Hearing of appeal.
A. Municipal Court shall set a date, time and place for a hearing to determine
the outcome of the appeal of the determination of a dangerous dog. Said hearing
will take place not later than the sixtieth day following the written notification of
such appeal by the owner of the dog in question.
B. The court shall give written notification of said hearing to the owner of the
dog in question at the time of receipt of written notification of appeal of the
determination of a dangerous dog.
C. The court shall give written notification to Animal Services in a timely
manner.
D. Any interested party is entitled to present evidence at the hearing.
E. The court may:
1. uphold the determination by Animal Services that the dog in question is a
dangerous dog and order:
a. the owner of the dog in question to permanently remove the dog in
question from within the city limits of Georgetown; or
b. the owner of the dog in question to comply with the requirements for
keeping of a dangerous dog set forth in Section 7.05.060; or
c. Animal Services to humanely destroy the dog.
2. find the dog is not a dangerous dog and order the dog released to the
owner of the dog or a person authorized to take possession of the dog
Ord. No. �.d &I* �p
Amending Code Chapter 7 Animals
Page 9 of 13 Pages
SECTION 16. Section 7.05.050 of the Code of
determination of a nonregisterable dangerous dog") is
amended as follows.
Ordinances (pertaining to "Defense to
hereby re -numbered Section 7.05.080 and
Sec. 7.05.080. Defense to determination of a dangerous dog.
It is a defense to the determination of a dog as a dangerous dog and to the
prosecution of the owner of that dog.
A. if the threat, injury or damage was sustained by a person who at the time was
committing a willful trespass or other tort upon the premises occupied by the
owner of the dog in questions
B. if the person injured or threatened was teasing, tormenting, abusing or
assaulting the dog or has, in the past, been reported to have teased, tormented,
abused or assaulted the dog;
C. if the person injured or threatened was committing or attempting to commit
a crime;
D. if the dog was protecting or defending a person while in that person's control
from an unjustified attack or assault; or
E. if the dog was injured and responding to pain.
SECTION 17. Sec. 7.05.060 of the Code of Ordinances (pertaining to the "Disposition of a
nonregisterable dangerous dog.") is hereby deleted and replaced as follows:
Sec. 7.05.060 Requirements for keeping a dangerous dog.
A. The owner must provide a secure enclosure that will prevent the dog from
leaving the enclosure on its own and will reasonably prevent any persons except
the owner of the dog from entering the enclosure. Such enclosure must be
inspected and approved by Animal Services before the dog is registered with
Animal Services;
B. A sign identifying the presence of a dangerous dog on the property shall be
posted on the enclosure in which the dog is kept in such a way as to be clearly
visible and readable from any public sidewalk or street adjacent to the enclosure;
Ord. No. 4900(0"W
Amending Code Chapter 7 Animals
Page 10 of 13 Pages
C. Current City of Georgetown Pet License;
D. The dog must be
must be presented;
physically altered to prevent reproduction. Proof of this
E. Proof of liability insurance of financial responsibility Mn the amount of at least
$100,000 to cover damages resulting in an attack by the dangerous dog;
F. Register the dangerous dog with Animal Services;
G. Affix a tag provided by Animal Services to the collar of the dangerous dog
and ensure it remains in place;
H. When removed from the secure enclosure the dangerous dog must:
1. Be muzzled in a way to not cause injury to the dog, nor interfere with the
dog's vision or breathing, but shall prevent the dog from biting another
animal or a person;
2. Be restrained at all times on a leash or chain capable of restraining the
dog without breaking and not more than six feet in length.
I. Prior to selling or moving a dog registered with Animal Services as a
dangerous dog, the owner must notify Animal Services of the intention to move
the dog and provide Animal Services with a clear description of the location
where the dog is to be moved;
Any person bringing a dog into the City limits of Georgetown that has been
determined dangerous by another animal control agency must notify Animal
Services of the presence of the dangerous dog and then comply with all the
requirements for the keeping of a dangerous dog set out in this title.
SECTION 18. Sec. 7.05.070 of the Code of Ordinances (pertaining to the "Registerable
dangerous dog.") is hereby deleted and replaced as follows:
Sec. 7.05.070. Violation of requirements for keeping of a dangerous dog.
A. The owner of a registered dangerous dog shall surrender the dangerous dog
to Animal Services or a designated representative of Animal Services if. .
Ord. No.
Amending Code Chapter 7 Animals
Page 11 of 13 Pages
1. the owner does not comply with all the requirements for keeping of a
dangerous dog set forth in Sec. 7.05.060. within five days after the final
determination of the dog to be a dangerous dog; or
2. the registered dangerous dog is observed running at large; or
3. an incident described in Section 7.01.010. in the definition of a dangerous
dog in this title occurs.
B. Upon receipt of such registered dangerous dog that has been in violation of
this title, Animal Services shall:
1. Allow the owner of the dog to permanently remove the dog from with
the City limits of Georgetown immediately if the owner informs Animal
Services representative where the dog is to be moved; or
2. humanely destroy the registered dangerous dog within 72 hours of
receiving custody of the dog.
SECTION 19. Sec.
declaration of a regis
7.05.090 of the Code of Ordinances (pertaining to the "Notification of
tered dangerous dog.") is hereby deleted and replaced as follows:
Sec. 7.05.090. Destruction of Dog.
The destruction of a dog under this article must be performed by:
A. a licensed veterinarian; or
B. Animal Services personnel who are trained in the humane destruction of
.
animals.
SECTION 20. Section 7.05.140 of the Code of Ordinances (pertaining to "Attack by registered
dangerous dog.") is hereby deleted and replaced as follows:
Sec. 7.05.140. Excessive noise.
A. Any person who shall harbor or keep on his premises, or in or about his
.,premises under his control, any animal which by loud, continual or unusual
noise of any kind which shall cause the peace and quiet of the neighborhood or
the occupant of adjacent premises to be disturbed shall be guilty of a Class "C"
Ord. No. 401)(0 4W(0(0
Amending Code Chapter 7 Animals
Page 12 of 13 Pages
misdemeanor and a separate offense shall be deemed committed upon each day
during or on which such violation occurs or continues.
B. Enforcement of excessive noise violation will consist of a citation to
Municipal Court issued by an authorized representative of Animal Services to
the person in violation after receiving a signed written statement clearly
identifying the person complaining that the noise is disturbing them and clearly
describing the nature of the disturbance. A citation will be issued to the animal
owner if an authorized representative of Animal Services deems the noise
described in the written statement to be a violation of this section.
SECTION 21. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict
with this Ordinance are hereby repealed, and are no longer of any force and effect. If any
provision of this ordinance or application thereof to any person or circumstance shall be held
invalid, such invalidity shall not affect the other provisions, or application thereof, of this
ordinance which can be given effect without the invalid provision or application, and to this
end the provisions of this ordinance are hereby declared to be severable.
SECTION 22. This Ordinance shall become effective in accordance with the City Charter and
the laws of the State of Texas.
PASSEDAND APPROVED on
PASSED AND
ATTEST .
2006.
APPROVED on
2006.
Sandra Lee, City Secretary
OVED AS TO FORM:
CC A
: YZ06
Patricia E. Carls, City Attorney
Brown & Carls, LLP
Ord. No. 41DO&'iP47
Amending Code Chapter 7 Animals
Page 13 of 13 Pages
First Reading
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