HomeMy WebLinkAboutORD 2013-21 - Animal ORD RevisionsORDINANCE N0. Qo 13 t
AN ORDINANCE AMENDING CHAPTER 7 OF THE CODE OF
ORDINANCES OF THE CITY OF GEORGETOWN, TEXAS
RELATING TO ANIMALS; REPEALING CONFLICTING
ORDINANCES AND RESOLUTIONS; PROVIDING A
SEVERABILITY CLAUSE; ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Georgetown finds it necessary to
review and update certain Chapters in the Code of Ordinances; and
WHEREAS, the City has made periodic updates to individual sections of the
Chapter 7 in order to balance the needs of the community and public health and safety;
and
WHEREAS, the City recognizes that the Code of Ordinances shall reflect state
law where applicable; and
WHEREAS, it is necessary to update and reorganize the provisions of Chapter 7
for consistency and to reflect the practical application of the Code; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF GEORGETOWN, TEXAS, THAT:
Section 1. The meeting at which this ordinance was approved was in all
things conducted in compliance with the Texas Open Meetings Act, Texas Government
Code, Chapter 551.
Section 2. 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 hereof, as if copied verbatim.
Section 3. Chapter 7 of the Code of Ordinances of the City of Georgetown,
Texas is hereby amended and shall provide as shown in EXHIBIT A.
Section 4. 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 4. That all ordinances that are in conflict with the provisions of this
ordinance be, and the same are hereby, repealed and all other ordinances of the City not
in conflict with the provisions of this ordinance shall remain in full force and effect.
Ordinance Number: Q517S- Page I of 2
Description: Animal Ordinance
Date Approved: 1 4 2013
Section 5. The Mayor is hereby authorized to sign this ordinance and the City
Secretary to attest. This Ordinance shall become effective and be in full force and effect
on July 1, 2013 and after publication in accordance with the provisions of the Charter of
the City of Georgetown.
PASSED AND APPROVED on First Reading on the 23rd day of April, 2013,
PASSED AND APPROVED on Second Reading on the day of" -,?0130
ATTEST:
APPROVED AS TO FORM:
Ordinance Number:
Description: Animal
Date Approved: _
City Attorney
nee
2013.
THE CITY OF GEORGETOWN
George'Karver, Mayor
Page 2 of 2
Exhibit A
TITLE 7
Chapter 7.01. — definitions
Sec. 7.01.010. - Definitions.
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:
"Alter" or "altered" means to spay or neuter an animal.
"Animal" means any living, nonhuman vertebrate creature, both domestic and
wild.
"Animal Services Department" means the Animal Services Department of the
City of Georgetown, Texas.
"Animal Services Officer" means a person designated by the City as the primary
enforcement officer of City of Georgetown Code of Ordinances regulating animals and
owners of animals and for the enforcement of state law pertaining to the care and control
of animals.
"Animal Services Manager" means the Animal Services Manager of the City or
designee.
"Animal Shelter" means facility designated and/or operated by the City for the
purpose of impounding and caring for animals held under authority of this title.
"Animal Welfare Organization" means a not for profit entity that exists for the
purpose caring for placing animals through adoption.
"At large" means:
(1) On premises of owner, any animal not confined to the premises of the owner
by some physical means of sufficient height, strength, length and/or manner of
construction to preclude the animal from leaving the premises of the owner; or
(2) Off premises of owner, any animal not physically and continually restrained
and under the immediate control of a person physically capable of restraining
the animal; provided, however, that any animal confined within an automobile
Exhibit A—Animal Ordinance 5.7.2013
Exhibit A
or other vehicle, or in an enclosure so as not to escape shall not be deemed at
large.
"Bodily injury" means physical pain, illness, or any impairment of physical
condition.
"Cat" means any domesticated feline or member of the family Felis domestica,
and unless otherwise set forth, shall include a "kitten."
"Coop" means a secure small enclosure or cage for poultry.
"Dangerous Animal" means:
1. An animal that is known to carry or be susceptible to the rabies virus and that
cannot be effectively vaccinated against the rabies virus with any vaccine
approved by the Texas Department of Health;
2. A wild animal that has attacked a human or which is apprehended or observed
unrestrained;
3. A venomous or carnivorous fish or reptile;
4. Any fish or reptile that grows over six feet in length; or
5. Such other class of animals as may be determined to be a dangerous animal by
Animal Services Department or any other animal which may be added in the
future to the list as a high risk animal in the Texas Rabies Control Act, as
amended.
"Domestic animal" means an animal whose physiology has been determined or
manipulated through selective breeding and does not occur naturally in the wild, an
animal which can be vaccinated against rabies with an approved rabies vaccine or an
animal which has an established rabies quarantine observation period.
"Dog" means any domesticated canine or member of the family Canis lupus
familiaris, and unless otherwise specifically set forth, shall include a "puppy."
"Exotic animal" means an animal, reptile, fish, or bird, born or whose natural
habitat is considered to be outside the continental United States.
"Harbor" means the act of keeping and caring for an animal or the act of
providing a premises to which an animal returns for food, shelter or care for a period of at
least three days.
"Hen" means a female domestic chicken and does not include guinea hens.
Exhibit A—Animal Ordinance 5.7.2013 2
Exhibit A
"Kennel" means any facility where more than five dogs or cats or any
combination of five cats and dogs are being kept for boarding, training or breeding
purposes.
"Livestock" means any species of domestic animal that is primarily cared for or
kept on a farm or other rural setting, including but not limited to poultry, horses, cows,
sheep, goats, swine and other hoofed animals, including miniature breeds.
"Multiple pet owner" means a person who keeps or harbors more than five cats or
dogs or any combination of five cats and dogs. Puppies and kittens under four months of
age shall not be counted for purposes of this definition.
"Owner" means any person having temporary or permanent custody of, sheltering
or having charge of, harboring, exercising control over, or having property rights to, an
animal.
"Person' means an individual, association, partnership, corporation, trust, estate,
joint-stock company, foundation, or any other entity.
"Poultry" means all domesticated fowl and all game birds which are legally kept
in captivity.
"Prohibited animals" means lions, tigers, ocelots, cougars, leopards, cheetahs,
jaguars, hyenas, bears, lesser pandas, ferrets born in natural habitats, binturong, ostriches,
emus, miniature pigs, apes, venomous reptiles, nonvenomous reptiles over six feet in
length, alligators, crocodiles, elephants, rhinoceroses, skunks, raccoons, foxes, coyotes,
bats, wolves or any hybrid of these animals.
"Rabies vaccination" means the vaccination of a dog, cat or other domestic animal
with an anti -rabies vaccine approved and administered in accordance with Title 25 of the
Texas Administrative Code, Part 1, Chapter 169, Subchapter A, Section 169.22.
"Registered Dangerous Dog" means any dog registered with the City in
compliance with Chapter 822, Texas Health and Safety Code, Subchapter D, and with
Chapter 7.05 of this Title.
"Rooster" means a male domestic chicken.
"Secure enclosure" means a fenced area or structure that is:
1. Locked;
2. Capable of preventing the entry of the general public, including children; and
3. Capable of preventing the escape or release of the animal.
Exhibit A—Animal Ordinance 5.720 13 3
Exhibit A
"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.
"Severe injury" means an injury characterized by severe bite wounds or severe
ripping and tearing of muscle
"Stray animal" means any animal, for which there is no identifiable owner, that is
found to be at large within the city limits.
"Theatrical Exhibition" means any exhibition or act featuring performing animals.
Theatrical Exhibitions shall not include resident or nonresident dog and cat shows which
are sponsored and/or sanctioned by the American Kennel Club, the United States Kennel
Club, the Cat Fanciers Association, American Cat Fanciers Association, the International
Cat Fanciers Association, or affiliates. Theatrical Exhibition does not include a primary
horse show.
"Transfer" means sell, give away, trade, barter, or make an animal available for
adoption, but does not include transfer to a rescue organization or foster home.
"Unprovoked attack" means that the animal was not hit, kicked, teased, molested
or struck by a person with an object or part of a person's body, nor was any part of the
animal's body pulled, pinched or squeezed by a person.
"Veterinarian" means a person licensed by the State of Texas to practice
veterinary medicine in Texas.
"Wild animal" means all species of animals which exist in a natural, unconfined
state and are usually undomesticated, including any part wild animal or hybrid.
Chapter 7.02. - Licenses and Permits
Sec. 7.02.010. - Animal Licenses.
A. All dogs and cats four months of age or older which are kept or harbored within the City
limits shall be licensed with the Animal Services Department. 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 name, address and telephone
number of the veterinarian that vaccinated the animal against rabies. Animal licenses
shall be valid for one year after the date of issue. A person must license a dog or cat
before the dog or cat is transferred to a person residing within the City limits.
B. Upon payment of the required fee and presentation of proof of rabies vaccination in
accordance with Section 7.07.010, the City shall issue to the owner a license certificate
and metal tag having stamped the number corresponding with the number of the
Exhibit A—Animal Ordinance 5.7.2013 4
Exhibit A
certificate. Such tag shall at all times be securely attached to a collar or harness around
the neck of the dog or cat. If a tag is lost, a duplicate will be issued by the Animal
Services Department or designee upon presentation of the receipt showing the payment of
license fee for the calendar year. Tags shall not be transferable from one animal to
another, and no fee refunds shall be made.
Sec. 7.02.020. - Kennel Permit; Requirements.
A. A person owning, harboring, or keeping more than five cats or dogs or any combination
of five cats or dogs for boarding, training or breeding purposes shall obtain a kennel
permit. Puppies and kittens under four months of age shall not be counted for purposes
of this section.
B. Upon inspection of the premises by the Animal Services Department and payment of the
required fee, the kennel permit shall be issued if the following conditions are met:
1. The facility must be adequate for the number and type of animals to be kept;
2. The
facility
must be
of sufficient size, in proportion to the animal size, to allow
each
animal
to move
about freely;
3. Adequate food and water must be provided so that each animal kept shall be
maintained in good health and free of malnutrition and dehydration;
4. The premises shall be kept in a sanitary condition and reasonably free of animal
waste, parasites, insects and flies that could be harmful to the animal health and/or
to the health of the general public;
5. The animals and the facility must be kept free of odor or stench which is offensive
to a person of ordinary sensibilities;
6. Each animal must be maintained in a manner that does not pose a danger to the
health of the animal or to adjacent animals;
7. The animals must not cause noise which is offensive or disturbing to a person of
ordinary sensibilities;
8. The applicant or holder of the kennel permit shall not have been issued citations
for violation of this Chapter on two separate occasions;
9. No animal covered by or to be covered by the kennel permit has been impounded
on two separate occasions; and
10. No animal may be bred on or transferred from a boarding kennel.
C. The kennel permit shall be valid for one year from date of issuance.
Exhibit A—Animal Ordinance 5.7.2013 5
Exhibit A
Sec. 7.02.030. - Multi -pet Permit; Requirements.
A. A person owning, harboring, or keeping more than five cats or dogs or any combination
of five cats or dogs shall obtain a multi -pet ownership permit. Puppies and kittens under
four months of age shall not be counted for purposes of this section.
B. Upon inspection of the premises by the Animal Services Department and payment of the
required fee, the multi -pet owner permit shall be issued if the following conditions are
met:
1. The animals to be covered by the multi -pet permit must be altered;
2. The premises must be adequate for the number and type of animals to be kept;
3. The facility must be of sufficient size, in proportion to the animal size, to allow
each animal to move about freely;
4. Adequate food and water must be provided so that each animal kept shall be
maintained in good health and free of malnutrition and dehydration;
5. The premises shall be kept in a sanitary condition and reasonably free of animal
waste, parasites, insects and flies that could be harmful to the animal health and/or
to the health of the general public;
6. The animals and the facility must be kept free of odor or stench which is offensive
to a person of ordinary sensibilities;
7. Each animal must be maintained in a manner that does not pose a danger to the
health of the animal or to adjacent animals;
8. The animals must not cause noise which is offensive or disturbing to a person of
ordinary sensibilities;
9. The applicant or holder of the multi -pet permit shall not have been issued
citations for violation of this Chapter on two separate occasions; and
10. No animal covered by or to be covered by the multi -pet permit has been
impounded on two separate occasions.
C. The multi -pet permit shall be valid for one year from date of issuance.
Exhibit A—Animal Ordinance 5.7.2013 6
Exhibit A
Sec. 7.02.040. - Commercial Sales Permit; Requirements.
A. All individuals engaged in the commercial sale of any dogs or cats, including but not
limited to, pet stores and stores in which pets and animals are not the central item of sale
within the store, shall obtain a commercial sales permit.
B. Upon inspection of the premises where the animals are to be sold by the Animal Services
Department and payment of required fee, the permit shall be issued if the following
conditions are met:
1. The facility must be adequate for the number and type of animals to be kept;
2. The facilities shall be of sufficient size, in proportion to the animal size, to
allow each animal to move about freely;
3. Adequate food and water must be provided so that each animal kept shall be
maintained in good health and free of malnutrition and dehydration;
4. The premises shall be kept in a sanitary condition and reasonably free of
animal waste, parasites, insects and flies that could be harmful to the animal
health and/or to the health of the general public;
5. The animals and the facility must be kept free of odor or stench which is
offensive to a person of ordinary sensibilities;
6. Each animal must be maintained in a manner which does not pose a danger to
the health of the animal or adjacent animals;
7. The animals must not cause noise which is offensive or disturbing to a person
of ordinary sensibilities;
8. Each animal transferred shall be accepted for return at no cost within one year
of the date of the transfer. Each animal returned must be properly rehomed by
the commercial sales permit holder, and a record of the rehoming location
shall be kept and made available to the Animal Services Department upon
request;
9. All dogs and cats transferred must be microchipped and the microchip
manufacturer and number shall be kept on record and made available to the
Animal Services Department upon request;
10. The applicant of the commercial sales permit has not been issued citations for
violation of this Chapter on two separate occasions within a one-year period;
11. All animals sold or transferred shall be a minimum of eight weeks of age; and
Exhibit A—Animal Ordinance 5.7.2013 7
Exhibit A
12. Each animal transferred shall be born and raised until at least eight weeks of
age in Williamson County or surrounding counties at a facility operating and
licensed pursuant to all applicable federal, state, and local laws and
regulations.
C. The commercial sales permit shall be valid for one year from date of issuance.
Sec. 7.02.050. - Revocation or Suspension of Permits.
A. A kennel, multi -pet, or commercial sale permit may be revoked by the Animal
Services Department if upon investigation it is determined that the permit holder has
failed to adhere to any of the permit requirement.
B. Upon revocation of a permit, the owner of the animals covered in the revoked permit
shall transfer those animals from the City limits within thirty days and provide written
notice to the Animal Services Department of the location to which the animals will be
transferred. If the owner does transfer each animal within the thirty day period, the
Animal Services Department shall have the authority to impound the animals.
Sec. 7.02.060. - Violation of Permit Requirements.
Failure to comply with a permit requirement shall constitute a violation of this Chapter and each
day of noncompliance shall constitute a separate offense.
Chapter 7.03. — Care and Keeping
Sec. 7.03.010. - Cruel Treatment Prohibited..
No person shall:
A. Beat, torment, mentally or physically abuse, overload, overwork, or otherwise abuse
an animal;
B. Cause or instigate any attack, fight, altercation, or combat between animals or
between animals and humans;
C. Confine an animal in a manner which would cause the animal pain or suffering or
would endanger the health or safety of the animal;
D. Leave any animal in a standing or parked vehicle in such a way as to endanger the
animal's health or safety or leave an animal in a standing or parked vehicle when the
outside temperature may cause distress or endanger the animal's health or safety; or
Exhibit A—Animal Ordinance 5.7.2013 8
Exhibit A
E. Abandon an animal in their custody.
Sec. 7.03.020. - Providing Care Required.
No person shall fail to provide proper care to any animals in their custody. Proper care shall
include but not be limited to providing:
A. Humane care and treatment;
B. Sufficient quantity of good and wholesome food to meet the animal's health
requirements;
C. Access to clean, potable drinking water;
D. Medical care to maintain health and to prevent suffering when necessary;
E. Grooming, when necessary, to ensure the health of the animal;
F. Adequate shade to provide protection from the sun to shield the animal from
becoming overheated; however, this provision does not apply to livestock;
G. Adequate shelter from all weather conditions consisting of a structure with walls, a
roof, and a floor; however, this provision does not apply to livestock;
H. Outdoor kennel runs or other enclosures with at least 150 square feet of space per
animal; and
1. Adequate daily exercise for dogs restrained in outdoor kennels or other enclosures.
Sec. 7.03.030. — Report of Vehicular Collision with Domestic Animal.
Any person who, as the operator of a motor vehicle, strikes a domestic animal shall immediately
report such collision to the animal's owner or; in the event the owner cannot be ascertained and
located, such operator shall report the accident to the Animal Services Department.
See. 7.03.040. — Chaining, Tethering, or Restraining Dogs.
A. A person may not chain or tether a dog with any restraint unless said person is holding
the restraint, except:
Exhibit A—Animal Ordinance 5.7.2013 9
Exhibit A
1. During a lawful animal event, such as walking on a leash, veterinary
treatment, grooming, training, or law enforcement activity; or
2. As required to protect the safety or welfare of a person or the dog, and the
owner or handler remains with said dog throughout the period of restraint.
B. A person restraining a dog shall attach the restraint to a properly fitting collar or harness
worn by the dog. A person may not wrap a chain or tether or other restraint directly
around a dog's neck. A person may not manage a dog with a restraint that weighs more
than 1/18 of the dog's body weight. The restraint used to manage a dog must, by design
and placement, be unlikely to become tangled.
Sec. 7.03.050. - Theatrical Exhibits.
A. All Theatrical Exhibits shall, in addition to other requirements of this Title, comply with
the following minimum standards:
1. Facilities shall be subject to inspection by an Animal Services Officer during
reasonable hours or at any hour in cases of emergency;
2. The Animal Services Department shall be notified of all displays or performances,
including date, time and exact location at least 48 hours in advance of a display or
performance;
3. Animal quarters shall be of sufficient size to allow each animal to stand up, lie
down and turn around in a natural position without touching the sides, top, any
other animal, or waste;
4. Each enclosure shall be maintained at a comfortable and safe temperature with
adequate ventilation and access to clean, potable drinking water;
5. No animal shall be made to perform by means of any prod, stick, electrical shock,
chemical or physical force or by causing pain or discomfort, but a whip or riding
crop may be used so long as no injury or abuse is inflicted on the animal; and
6. No animal shall perform or be displayed in any unsafe situation presenting the
danger of physical injury to an animal or person.
Exhibit A—Animal Ordinance 5.7.2013 10
Exhibit A
Sec. 7.03.060. — Award and Incentive Use Prohibited.
No person shall give away any live animal as an award, prize or as an incentive to enter any
contest, game or other competition, attract entry into a place of business, or attract engagement
into any business agreement.
Chapter 7.04 - Animal Control
Sec. 7.04.010. — Animals at large.
A. It shall be unlawful and constitute a nuisance for the owner of any animal, other than a
cat, to permit or allow such animal to run at large within the City limits.
B. It shall be unlawful and constitute a nuisance for the owner of a cat that has not been
altered or vaccinated for rabies to allow or permit such cat to run at large within the City
limits.
Sec. 7.04.020. — Impoundment.
A. An Animal Services Officer, Police Officer, or designee may impound any animal at
large or any animal not receiving care required by Sec. 7.03.020 or being kept in
violation of Sec. 7.03.010 on private property.
B. Dogs and cats with no traceable identification impounded by the Animal Services
Department or brought to the animal shelter by a person other than the owner of that
animal shall be held for a minimum of 72 hours during which time period the owner
may present proof of ownership at the animal shelter. After paying all applicable fees,
that owner may reclaim the dog or cat. If the dog or cat is not claimed after 72 hours in
the animal shelter, the dog or cat shall become the property of the City.
C. Dogs and cats wearing traceable identification or whose owner is known impounded by
the Animal Services Department or brought to the animal shelter by a person other than
the owner of that animal shall be held in the shelter for a minimum of seven complete
days from the time the animal enters the facility, during which time the Animal Services
Department will notify the owner of the impoundment. The animal shall become the
property of the City on the eighth day unless, with approval of the Animal Services
Manager, the following provisions are met:
1. The owner has notified the Animal Services Department in writing of the owner's
intentions to claim the dog/cat after the eighth day;
2. The owner provides a date by which time that owner will reclaim the dog/cat and
actually claims the dog/cat on or before the provided date; and
3. The owner pays all applicable fees.
Exhibit A—Animal Ordinance 5.7.20 13 11
Exhibit A
D. Impounded animals shall be implanted with a microchip at the owner's expense and the
ID number will be kept on file for future identification purposes.
E. All animals surrendered by the owner to the Animal Services Department shall become
the property of the City immediately upon completion of the owner surrender form.
F. Animals other than dogs or cats impounded by the Animal Services Department or
brought to the animal shelter by a person other than the owner shall be held for a
minimum of 72 hours during which time period the owner may present proof of
ownership at the animal shelter. After paying all applicable fees, that owner may
reclaim the animal. If the animal is not claimed after 72 hours in the animal shelter, the
animal shall become the property of the City.
Sec. 7.04.030. — Restrictions on Return of Certain Animals.
A. If a complaint has been fled in Municipal Court for a violation of this Title the animal
shall not be released while the case is pending to the owner except on the order of the
Animal Services Department, which may also direct the owner to pay any penalties for
violation of this Title in addition to all impoundment fees.
B. Surrender of an animal by the owner to the Animal Services Department does not
relieve or render the owner immune from the decision of the Municipal Court, nor from
the fees and fines which may result from a violation of this Title.
Sec. 7.04.040. — Disposition of Surrendered and Unclaimed Animals; Adoption.
A. Any person adopting an animal shall be required to sign an adoption contract. The
person adopting the animal shall be provided a list of fees related to the adoption prior
to the adoption contract being signed.
B. Animals that are adopted from the animal shelter shall be surgically altered to prevent
reproduction. If an animal has not been altered before it leaves the animal shelter, the
person adopting the animal shall sign an adoption contract stating that he/she will have
the animal surgically altered and agree to the date by which the surgery must be
performed. The person adopting the animal shall provide proof of alteration to the
Animal Services Department within thirty days of the agreed surgery date.
C. Adopted animals shall be implanted with microchips at owner's expense and the ID
number is kept on file for future identification purposes.
D. The adoption fee shall include the cost of surgically altering, medicating, vaccinating
and preparing the animal for adoption.
E. Failure to comply with this section or failure to comply with the terms of the adoption
contract constitutes a violation of this Title and shall give the Animal Services
Department the right to recover the adopted animal and revoke the adoption contract.
Exhibit A—Animal Ordinance 5.7.2013 12
Exhibit A
F. An animal that is not adopted or transferred to an appropriate agency shall be
euthanized by an injection of substances approved for euthanasia by the American
Veterinary Medical Association and/or the Texas Veterinary Medical Association to be
administered in compliance with state law.
G. Animals
listed
as endangered
or protected shall be transferred to an appropriate
authority
at the
earliest possible
date.
Sec. 7.04.050. — Subsequent Impoundments.
A. Except as provided in Subsections (C) or (D), an owner, or the owner's designee, who
redeems an animal, six months of age or older, for a second or subsequent impound
within eighteen months of the first impound shall provide proof that the animal has
been altered prior to the release of the animal. If proof that the animal is altered is not
provided, the owner shall pay a veterinary clinic for the cost of surgically altering the
animal and present a receipt of payment to the Animal Control Department prior to
release of the animal. The animal shall be altered within fourteen days after the release
of the animal. The owner shall provide proof of the animal's alteration to the Animal
Services Department within thirty days of release.
B. Alteration may be postponed for a period not to exceed ninety days after release in
cases of female animals in estrus or pregnant.
C. If the owner pays the Intact Animal Fee at the time of redeeming the animal, alteration
shall not be required. However, if an animal for which an Intact Animal Fee has been
paid is subsequently impounded within eighteen months, the animal shall be surgically
altered pursuant to Subsection (A).
D. An owner, or the owner's designee, who redeems an animal, for a second or subsequent
impound within eighteen months of the first impound shall provide proof that the
animal has received a rabies vaccination prior to the release of the animal. If proof that
the animal has received a rabies vaccination is not provided, the owner shall pay a
veterinary clinic for the cost of a rabies vaccination and present a receipt of payment to
the Animal Control Department prior to release of the animal. The animal shall receive
the rabies vaccination within fourteen days after the release of the animal. The owner
shall provide proof of the rabies vaccination to the Animal Services Department within
thirty days of release.
Sec. 7.04.060. — Confinement During Estrus.
An unaltered female dog or cat in the state of estrus (heat) shall be confined during such period
of time in a house, building, or secure enclosure and the area of enclosure shall be constructed so
that no other dog or cat may gain access to the confined animal. An owner who does not comply
shall be ordered to immediately remove the animal to a veterinary hospital, or the animal shelter.
Failure to comply with the removal order of the Animal Services Department shall be a violation
Exhibit A—Animal Ordinance 5.7.20 13 13
Exhibit A
of this Title and the dog or cat shall be impounded.
and expense incurred as a result of the impoundment.
Sec. 7.04.070. —Injured or Diseased Animal.
The owner of the animal shall pay all cost
The Animal Services Department or designee is authorized to destroy an injured or diseased
animal, whether such animal is on public or private property.
Sec. 7.04.080. - Tampering with Traps and Equipment Prohibited.
No person shall remove, alter, damage or otherwise tamper with a trap or equipment belonging
to or set out by the Animal Services Department.
Sec. 7.04.090. - Roadside Sales.
It shall be unlawful to transfer or display a live animal on a roadside, public right-of-way,
sidewalk, street, parkway or any other public property or any property dedicated to public use, a
commercial parking lot, or at an outdoor special sale, swap meet, flea market, parking lot sale or
similar event. Nothing in this section shall prevent adoption events sponsored by an animal
shelter or an animal welfare organization.
Sec. 7.04.1.00. — Off -leash dog recreation areas
Off -leash dog recreation areas shall be subject to rules and regulations established pursuant to
Chapter 12.20 of the Code of Ordinances.
Sec. 7.04.110. - Nuisances.
A. It shall be unlawful and constitute a nuisance for any person to:
1. Keep an animal on, in, or about his/her premises or a premises under his/her control
and allows said premises to become a hazard to the general health, safety and welfare
of the community;
2. Allow his/her premises to give off obnoxious or offensive odors due to the activity or
presence of animals;
3. Place, cause to be placed, or allow to remain on or near his/her premises or the
property of another a dead animal;
4. Allow an animal to engage in conduct which establishes such animal as a "dangerous
animal;"
5. Allow an animal to damage, soil, defile or defecate on private property other than the
owner's or on public property unless such waste is immediately removed and properly
disposed of by the owner of the animal;
Exhibit A—Animal Ordinance 5.7.2013 14
Exhibit A
6. Allow an animal to cause a disturbance by excessive barking or noise making near the
private residence of another;
7. Produce odors or unclean conditions sufficient to annoy persons living in the vicinity;
8. Allow an animal to chase vehicles or molest, attack or interfere with other animals or
persons on public property or private property of another;
9. Allow food to remain outside unattended for an extended period of time so as to
attract nuisance animals;
10. Allow any animal other than a cat to run at large within the City limits;
11. Allow any cat that has not been altered or vaccinated against rabies to run at large
within the City limits; or
12. Keep livestock, except as otherwise provided in Section 7.06.010, in any house,
structure, shed, pen, lot pasture, or other enclosure in the City limits within 200 feet
of any private residence or dwelling place or within 500 feet of any building or
establishment open to the public
B. All alleged violations of this Section shall be reported for investigation to the Animal
Services Department. Enforcement of violations shall be pursuant to Chapter 7.08 of this
Title.
See. 7.04.110. — Excessive noise prohibited.
A. Any person who shall harbor or keep on his/her premises, or in or about the premises
under his/her 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" misdemeanor, and a separate
offense shall be deeded committed upon each day during or on which such violation
occurs or continues.
B. A person who is disturbed by excessive animal noise may file an application for
complaint in Municipal Court.
1. Applications for complaint filed by a person who has been disturbed by excessive
animal noise must be made in writing and must include the following information:
i.The name of the person who owns the animal making the alleged noise, if
known; or, if the name is unknown, a reasonably definite description of
the animal owner;
ii.A description of the animal noise and how the noise is disturbing the peace
and quiet of the person making the complaint;
Exhibit A—Animal Ordinance 5.7.2013 15
Exhibit A
iii.The date of the alleged animal noise;
iv.The known or approximate location of the source of the animal noise; and
v. The signature of the person making the application for complaint.
2. The City shall provide application for complaint forms for use by persons wishing
to file applications for complaint under this Section. In addition, the City's Animal
Services Department will, upon request, aid a person in filling out and filing an
application for complaint form for excessive animal noise.
Exhibit A—Animal Ordinance 5.7.2013 16
Exhibit A
Chapter 7.05. — Dangerous and Aggressive Dogs
Article I - Dangerous Dogs.
Sec. 7.05.010. — State Law; Dangerous Dogs.
A. The provisions of Subchapter D, Chapter 822 of the Texas Health and Safety Code, as
amended, are incorporated into this article and a violation of any provision of Subchapter
D, Chapter 822 of the Texas Health and Safety Code, as amended, is an offense under
this Article.
B. Animal Services Department shall serve as the animal control authority for the city for
purposes of administering and enforcing this Article and Subchapter D, Chapter 822 of
the Texas Health and Safety Code, as amended.
C. Seizure, impoundment, and humane destruction of a dog that has caused death or serious
bodily injury to a person is governed by Subchapter A. Chapter 822 of the Texas Health
and Safety Code, as amended.
Sec. 7.05.020. - Dangerous Dog Incident.
Dangerous dog incident means an incident in which a dog:
A. Makes an unprovoked attack on a person that causes bodily injury and that 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 caused a person to reasonably believe that the dog will attack and cause bodily
injury to that person.
Sec. 7.05.030. - Determination as a Dangerous Dog.
A. Upon receipt of a sworn, written complaint by any person of an incident described in
Section 7.05.020, Animal Services Department shall investigate to determine if the dog is
dangerous. The sworn, written complaint must contain the following information:
1. Nature and date of the incident;
2. Location of the event;
3. Name and address of the owner of the dog in question; and
4. Description of the dog in question.
Exhibit A—Animal Ordinance 5.7.2013 17
Exhibit A
B. Animal Services Department may seize and impound the dog at the owner's expense
pending the determination of whether the dog is dangerous if.
1. The dog has caused bodily injury to any person; or
2. With due diligence, Animal Services Department cannot locate the owner of the
dog. If the owner of the dog has not been located before the 15'" day after seizure
and impound, Animal Services Department may order the dog to be humanely
destroyed.
C. Animal Services Department shall have authority to determine whether any dog has
engaged in the behaviors specified in Section 7.05.020. At the conclusion of Animal
Services Department's investigation, Animal Services Department shall:
1. Determine that the dog is not dangerous, and if the dog is impounded, waive any
impoundment fees incurred and release the dog to its owner; or
2. Determine that the dog is dangerous and order its owner to comply with the
requirements for ownership of a dangerous dog set forth in Section 7.05.060 (A)
and, if the dog is impounded, release the dog to its owner after compliance with
all applicable requirements of Section 7.05.060 (A).
D. If a dog is determined to be dangerous, Animal Services Department shall notify the dog
owner, in writing either in person or by certified mail, return receipt requested:
1. That the dog was determined to be a dangerous dog;
2. What the owner must do to comply with requirements for ownership of a
dangerous dog in the city and to reclaim the dog, if impounded; and
3. That the owner has a right to appeal the determination of dangerousness.
E. An impounded dog determined by Animal Services Department to be dangerous must
remain impounded and will not be released to the owner until the owner pays all fees
incurred for impoundment of the dog and complies with all requirements for ownership
of a dangerous dog set forth in this Article.
F. If the owner of an impounded dog has not complied with Subsection (E) within thirty
days after a final determination is made that an impounded dog is dangerous, then the dog
becomes the property of the City of Georgetown and may be humanely destroyed. For
the purposes of this Chapter, final determination means the date on which the Animal
Services Department notified the owner of its determination that the dog is dangerous, if
said determination is not appealed or the date on which the Municipal Court issues its
order pursuant to Sec. 7.05.040.
Exhibit A—Animal Ordinance 5.7.2013 18
Exhibit A
Sec. 7.05.040. — Appeals; Hearing.
A. If Animal Services Department determines that the dog is dangerous that decision is final
unless the owner tiles a written appeal with the Municipal Court within fifteen days after
the date that written notification was delivered that the dog has been determined to be
dangerous.
B. The Municipal Court shall set a date, time and place for a hearing not later than ten days
after receipt of the appeal to determine the outcome of the appeal and provide written
notification of the hearing to the owner and Animal Services Department,
C. At the conclusion of the hearing, the court may:
1. Uphold the determination by the Animal Services Department that the dog in
question is a dangerous dog and order:
i.The owner of the dog in question to permanently remove the dog in
question from within the city limits of Georgetown;
ii.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
iii.Animal Services Department 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.
Sec. 7.05.050. - Status of Dog Pending Appeal.
A. If Animal Services Department has possession of the dog at the time the owner files an
appeal of the dangerous dog determination, Animal Services Department 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 Section 7.05.060 (A).
B. If the owner of the dog has possession of the dog in question at the time the owner files
an appeal of the dangerous dog determination:
1. The owner may keep possession of the dog until final determination has been
made provided that the owner satisfies the requirements of Section 7.05.060 (A)
(3) and Section 7.05.060 (A) (8);
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 Department representatives,
Exhibit A—Animal Ordinance 5.7.2013 19
Exhibit A
and Animal Services Department will maintain possession of the dog and keep it
in a secure and humane manner until a final determination is made.
C. If the owner violates the requirements of Section 7.05.060 (A) (3) or Section 7.05.060
(A) (8) while the appeal is pending, an Animal Services Department representative will
impound the dog and it will be kept by Animal Services Department in a secure and
humane manner until final determination is made.
Sec. 7.05.060. - Requirements for Keeping a Dangerous Dog.
A. Not later than the thirtieth day after a person learns of the final determination that the
person is the owner of a dangerous dog, the person shall:
1. Register the dangerous dog with Animal Services Department;
2. Obtain liability insurance coverage or show financial responsibility in the amount
of at least one hundred thousand dollars ($100,000.00) to cover damages resulting
from an attack by the dangerous dog causing bodily injury to a person and provide
proof of the required liability insurance coverage or financial responsibility to
Animal Services Department;
3. 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 Department before the dog is registered with Animal Services
Department;
4. Obtain and maintain a current City of Georgetown Pet License;
5. Post a clearly visible sign on the secure enclosure in which the dog is kept
identifying the presence of a dangerous dog on the property. The sign should be
readable from any public sidewalk or street adjacent to the enclosure;
6. Provide proof that the dog has been surgically altered;
7. Affix a tag provided by Animal Services Department to the collar of the
dangerous dog and ensure it remains in place; and
8. When removed from its secure enclosure, muzzle the dog in a way to not cause
injury to the dog, nor interfere with the dog's vision or breathing, but to prevent
the dog from biting another animal or a person and restrain the dog at all times on
a leash capable of restraining the dog without breaking and not more than six feet
in length.
B. Prior to selling or moving a dog registered with Animal Services Department as a
dangerous dog, the owner must notify Animal Services Department of the intention to
Exhibit A—Animal Ordinance 5.7.2043 20
Exhibit A
move the dog and provide Animal Services Department with a clear description of the
location where the dog is to be moved.
C. Any person bringing a dog into the City limits that has been determined dangerous by
another animal control agency must notify Animal Services Department 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 Article.
D. The owner of a dangerous dog who does not comply with Subsection (A) shall deliver the
dog to Animal Services Department no later than the thirtieth day after the owner learns
that the dog is a dangerous dog.
Sec. 7.05.070. - Violation of Requirements for Keeping of a Dangerous Dog.
A. On receiving a report that the owner of a dangerous dog has failed to comply with
Section 7.05.060, Municipal Court shall set a time for a hearing to determine whether the
owner of the dog has complied with Section 7.05.060. The hearing must be held not later
than the tenth day after receipt of the report.
B. Municipal Court shall give written notice of the time and place of the hearing to:
1. The owner of the dangerous dog; and
2. The person who made the complaint or report.
C. Any interested party, including the city attorney, is entitled to present evidence at the
hearing.
D. If Municipal Court finds after notice and hearing that the owner of a dangerous dog has
failed to comply with Section 7.05.060, the Court shall order Animal Services
Department to seize the dog and shall issue a warrant authorizing the seizure. Animal
Services Department shall seize the dog and impound the dog in secure and humane
conditions.
E. The owner shall pay any cost or fee assessed by Animal Services Department related to
the seizure, acceptance, impoundment or destruction of the dog.
F. Municipal Court shall order Animal Services Department to humanely destroy the dog if
the owner has not complied with Section 7.05.060 (A) before the I1`" day after the date
on which the dog was seized. The Court shall order the authority to return the dog to the
owner if the owner complies with Section 7.05.060 (A) before the I l 'h day after the date
on which the dog was seized.
G. Municipal court may order the humane destruction of the dog if the owner of the dog has
not been located before the 15'" day after the seizure and impoundment of the dog.
Exhibit A—Animal Ordinance 5.7.2013 21
Exhibit A
H. An owner or person filing the action may appeal the decision in the manner provided for
the appeal of cases from Municipal Court,
Sec. 7.05.080. - Defense to Determination of a Dangerous Dog.
A. It is a defense to prosecution under this division that the person is a veterinarian, a peace
officer, a person employed by a recognized animal shelter or person employed by the
state or a political subdivision of the state to deal with stray animals and has temporary
ownership, custody or control of the dog; provided, however, that for any person to claim
a defense under this section, that person must be acting within the course and scope of his
or her official duties with regard to the dangerous dog.
B. It is a defense to prosecution under this division that the person is an employee of the
institutional division of the Texas Department of Criminal Justice or of a law
enforcement agency and trains or uses dogs for law enforcement or corrections purposes;
provided, however, that for any person to claim a defense under this section, that person
must be acting within the course and scope of his or her official duties with regard to the
dangerous dog.
C. It is a defense to prosecution under this division that the dog at issue is a trained guard
dog in the performance of official duties while confined or under the control of its
handler.
Sec. 7.05.090. — Violations.
A. A person who owns or keeps custody or control of a dangerous dog commits an offense if
the person fails to comply with any section of this Article.
B. An offense under this Chapter is punishable by a fine not to exceed two thousand dollars
($2,000.00).
Article II — Aggressive Dogs.
Sec. 7.05.1.00. - Aggressive Dog Classifications.
The following classifications shall be based upon specific behaviors exhibited by a dog:
A. Level 1 behavior is established if a dog at large is found to menace, chase, display
threatening or aggressive behavior.
B. Level 2 behavior is established if a dog, while at large, causes a severe injury to any
domestic animal or livestock except poultry.
C. Level 3 behavior is established if:
Exhibit A—Animal Ordinance 5.7.2013 22
Exhibit A
1. A dog, while at large, kills or causes the death of any domestic animal or
livestock except poultry; or
2. A dog classified as a Level 2 aggressive dog that repeats the behavior in
Subsection (B) after the owner or keeper receives notice of the Level 2
classification.
Sec. 7.05.110. - Aggressive Dog Determination and Classification.
A. Upon report by any person, Animal Services Department shall investigate to determine if
a dog has exhibited the specific behaviors in Section 7.06.100,
B. Animal Services Department may seize and impound the dog at the owner's expense
pending the determination of whether the dog is aggressive if
1. The dog has exhibited Level 3 behavior; or
2. With due diligence, Animal Services Department cannot locate the owner of the
dog. If the owner of the dog has not been located before the 15th day after seizure
and impound, Animal Services Department may order the dog to be humanely
destroyed.
C. At the conclusion of Animal Services Department' investigation, Animal Services
Department shall:
1. Determine that the dog has not exhibit any of the specific behaviors established in
Section 7.06.100; or
2. Determine that the dog has exhibited a specific behavior in Section 7.06.100 and
classify the dog in the corresponding Aggressive Dog Level, and order the owner
to comply with the requirements of ownership of said dog set forth in Section
7.06.140.
D. Animal Services Department shall have discretionary authority to refrain from classifying
a dog as aggressive, even if the dog has engaged in the behaviors specified in Section
7.06.100 if Animal Services Department determines that the behavior was the result of
the victim abusing or tormenting the dog or was directed towards a trespasser or other
similar mitigating or extenuating circumstances.
E. Animal Services Department shall have the discretion to increase or decrease a classified
dog's restrictions based upon relevant circumstances.
F. If the dog is classified as aggressive, Animal Services Department shall notify the dog
owner either in person or by certified mail, return receipt requested:
1. That the dog was classified as aggressive;
Exhibit A—Animal Ordinance 5.7.2013 23
Exhibit A
2. The restrictions applicable to the dog based upon the classification; and
3. That the owner has the right to appeal the classification.
G. An impounded dog classified by Animal Services Department as aggressive must remain
impounded and will not be released to the owner until the owner pays all fees incurred for
impoundment of the dog and complies with all requirements for ownership set forth in
Section 7.05.140.
H. If the owner of an impounded dog has not complied with Subsection (E) within thirty
(30) days after a final determination is made that an impounded dog is aggressive, then
the dog becomes the property of the City of Georgetown and may be humanely
destroyed.
Sec. 7.05.120. — Appeals; Hearing.
A. If Animal Services Department classifies a dog as aggressive that decision is final unless
the owner files a written appeal with the Municipal Court within fifteen (15) days after the
date that written notification was delivered that the dog has been classified as aggressive.
B. The Municipal Court shall set a date, time and place for a hearing not later than ten (10)
days after receipt of the appeal to determine the outcome of the appeal and provide written
notification of the hearing to the owner and Animal Services Department.
C. At the conclusion of the hearing, the court may:
1. Uphold the classification by Animal Services Department that the dog in question
is aggressive and order:
The owner of the dog in question to comply with the requirements for
keeping of an aggressive dog set forth in Section 7.05.140; or
ii.Animal Services Department to humanely destroy the dog.
2. Find the dog is not an aggressive dog and order the dog released to the owner of
the dog or a person authorized to take possession of the dog.
Exhibit A—Animal Ordinance 5.7.2013 24
Exhibit A
Sec. 7.05.130. - Status of Dog Pending Appeal.
A. If Animal Services Department has possession of the dog at the time the owner files an
appeal of the aggressive dog determination, Animal Services Department 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 Section 7.05.140.
B. If the owner of the dog has possession of the dog in question at the time the owner files
an appeal of classification of the dog as aggressive:
1. The owner may keep possession of the dog until final determination has been
made provided that the owner keeps the dog in a secure enclosure that Animal
Services Department deems to be secure enough to prevent the dog from
escaping;
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 Department representatives,
and Animal Services Department will maintain possession of the dog and keep it
in a secure and humane manner until a final determination is made.
C. If the owner fails to keep the dog in a secure enclosure required pursuant to Subsection
(E) (1) while the appeal is pending, an Animal Services Department representative will
impound the dog and it will be kept by Animal Services Department in a secure and
humane manner until final determination is made.
Sec. 7.05.140. — Regulation of Aggressive Dogs.
The Owner of an aggressive dog shall comply with the following conditions:
A. Dogs classified as Level I dogs shall be restrained, so as not to be at large, by a physical
device or structure, in a manner that prevents the dog from reaching any public,
sidewalk, or adjoining property and must be located so as not to interfere with the
public's legal access to the owner's premises whenever that dog is outside the owner's
home and not on a leash. Animal Services Department may also order sterilization of the
animal.
B. Dogs classified as Level 2 dogs shall be confined within a secure enclosure whenever
the dog is not on a leash. The secure enclosure must be located so as not to interfere with
the public's legal access to the owner's premises. In addition, Animal Services
Department may require the owner or keeper to obtain and maintain proof of public
liability insurance in the amount of one hundred thousand dollars ($100,000.00). In
Exhibit A—Animal Ordinance 5.7.2013 25
Exhibit A
addition, the owner or may be required to complete a responsible pet ownership or dog
training program as prescribed by Animal Services Manager or the Municipal Judge.
Animal Services Department may order sterilization of the animal.
C. Dogs classified as Level 3 dogs shall be confined within a secure enclosure whenever
the dog is not on a leash. The secure enclosure must be located so as not to interfere with
the public's legal access to the owner's premises and the owner shall post a clearly
visible sign on the secure enclosure in which the dog is kept identifying the presence of
a aggressive dog on the property. The sign should be readable from any public sidewalk
or street adjacent to the property. In addition, the Animal Services Manager may require
the owner or keeper to obtain and maintain proof of public liability insurance in the
amount of one hundred thousand dollars ($100,000.00). The owner shall not permit the
dog to be off the owner's or keeper's premises unless the dog is muzzled and restrained
by an adequate leash and under the control of a capable person. In addition, the Animal
Services Manager may require the owner to satisfactorily complete a pet ownership or
dog training program. The Animal Services Manager may order sterilization of the
animal. The Animal Services Manager, or upon appeal, the municipal judge, may order
the animal be humanely destroyed.
D. To ensure correct identification, all dogs that have been classified as aggressive shall be
micro -chipped and photographed, and shall be fitted with a special tag or collar
determined by Animal Services Department at the owner's expense.
E. The owner of a Level 3 aggressive dog shall not permit the warning sign to be removed
from the secure enclosure. The owner of any aggressive dog shall not permit the special
tag or collar to be removed from the dog. The owner of an aggressive dog shall not
permit the dog to be moved to a new address or change owners without providing the
Animal Services Department with ten (10) days prior written notification.
Sec. 7.05.150. — Declassification.
A. Declassification of Level I or Level 2 dogs will occur and the restrictions required by
Sec. 7.05.140 may be removed when the following conditions have been met:
I . Level 1 or Level 2 dogs have been classified for one year without further incident;
2. There have been no violations of the specified regulations; and
3. If ordered by Animal Services Department or Municipal Judge at the time of
classification:
i. The owner provides Animal Services Department with written
certification of satisfactory completion of obedience training for the
aggressive dog with the owner or keeper; and
Exhibit A—Animal Ordinance 5.7.2013 26
Exhibit A
ii. The owner provides Animal Services Department with written verification
that the classified dog has been sterilized from a licensed veterinarian.
B. Declassification of Level 3 dogs will occur and the restrictions required by Sec. 7.05.140
may be removed, with the exception that the dog must be confined in a secure enclosure
whenever the dog is not on leash when the following conditions have been met:
1. Level 3 dogs have been classified for two years without further incident;
2. There have been no violations of the specified regulations; and
3. If ordered by Animal Services Department or Municipal Judge at the time of
classification:
i. The owner provides Animal Services Department with written
certification of satisfactory completion of obedience training for the
aggressive dog with the owner or keeper; and
ii. The owner provides Animal Services Department with written verification
that the classified dog has been sterilized from a licensed veterinarian.
Sec. 7.05.160. — Defenses.
A. It is a defense to prosecution under this division that the person is a veterinarian, a peace
officer, a person employed by a recognized animal shelter or person employed by the
state or a political subdivision of the state to deal with stray animals and has temporary
ownership, custody or control of the dog; provided, however, that for any person to claim
a defense under this section, that person must be acting within the course and scope of his
or her official duties with regard to the aggressive dog.
B. It is a defense to prosecution under this division that the person is an employee of the
institutional division of the Texas Department of Criminal Justice or of a law
enforcement agency and trains or uses dogs for law enforcement or corrections purposes;
provided, however, that for any person to claim a defense under this section, that person
must be acting within the course and scope of his or her official duties with regard to the
aggressive dog.
C. It is a defense to prosecution under this division that the dog at issue is a trained guard
dog in the performance of official duties while confined or under the control of its
handler.
Exhibit A—Animal Ordinance 5.7.2013 27
Exhibit A
Sec. 7.05.170. — Violations.
A. A person who owns or keeps custody or control of an aggressive dog commits an offense
if the person fails to comply with any section of this Article.
B. An offense under this Chapter is punishable by a fine not to exceed two thousand dollars
($21000.00).
Chapter 7.06. — Livestock; Wild and Exotic Animals
Sec. 7.06.010. —Livestock.
A. It is unlawful and constitutes a nuisance to keep livestock, except as otherwise provided
in this Section, in any house, structure, shed, pen, lot pasture, or other enclosure in the
City limits within 200 feet of any private residence or dwelling place or within 500 feet
of any building or establishment open to the public.
B. Hens. No person may keep more than eight hens in residential zoning districts of the
City. A coop must be located at least 20 feet of the private residence of another. All
hens must be contained within the owner's backyard. The owner shall provide written
notice to the Animal Services Manager indicating ownership of hens and location of the
coop at least 20 feet from the private residence of another. All coops must meet any
applicable standards or permit requirements in the Unified Development Code. Roosters
are prohibited.
C. The restrictions in Section 7.06.010 A and B do not apply to: 1) property zoned as
Agricultural (AG) and Residential Estate (RE) according to the Zoning Ordinance of the
City; or 2) to property properly zoned or used (as in continuing use) as veterinary clinics
or facilities or kennels that are for the purposes of care or boarding livestock.
D. To assist with the identification and return of stray livestock, it is recommended that
owners register all livestock with Animal Services Department. Registration
information shall include the owner's contact information, identification of the type of
animal, the quantity of livestock kept, and if applicable, the ear tag number for each
animal.
Sec. 7.06.020. - Prohibited Wild and Exotic Animals.
A. It shall be unlawful to keep or harbor within the City limits individual species and/or
subspecies of the following animals: lions, tigers, ocelots, cougars, leopards, cheetahs,
jaguars, hyenas, bears, lesser pandas, ferrets from natural habitats, binturong, ostriches,
emus, miniature pigs, Vietnamese pot belly pigs, apes, venomous reptiles,
nonvenomous reptiles over six feet in length, alligators, crocodiles, elephants,
rhinoceros, skunks, raccoons, foxes, coyotes, bats, wolfs, dangerous animals, or any
hybrid of these animals.
28
Exhibit A—Animal Ordinance 5.7.2013
Exhibit A
B. This Section does not apply to:
1. Zoological Parks accredited by the American Association of Zoological Parks and
Aquariums;
2. Federally licensed research institutions;
3. Any government agency or its employee who uses the animal for an agency
related to education, propagation, or behavior program;
4. A person holding a valid rehabilitation permit from the Texas Parks and Wildlife
Department but only for animals which are in rehabilitation and scheduled to be
released to the wild.
Sec. 7.06.030. - Exhibitions of wild/exotic/dangerous animals prohibited.
No person shall keep, or permit to be kept, on his premises any wild, exotic or dangerous animal
for display or for exhibition purposes, whether gratuitously or for a fee. This section shall not
apply to Theatrical Exhibits.
Chapter 7.07. - Rabies Control
Sec. 7.07.010. — Vaccination and Certificate.
A. Every dog or cat over the age of four months shall receive a rabies vaccination virus in
accordance with Tex. Admin. Code Title 25, Section 169.29. Livestock and domestic
ferrets should be vaccinated against rabies.
B. Upon rabies vaccination, the veterinarian shall issue and furnish to the owner of the
animal:
1. An official rabies vaccination certificate; and
2. A corresponding rabies tag that the owner must attach to the collar or harness of
the vaccinated animal.
Exhibit A—Animal Ordinance 5.7.2013 29
Exhibit A
Sec. 7.07.020. — Reporting of Potential Rabies Exposure.
A. Any person having knowledge of a potential rabies exposure to a human will report the
incident to the Animal Services Department immediately after the incident and indicate
the location where the animal may be found,
B. The custodian of an animal that has potentially exposed a human to rabies will place that
animal in quarantine or submit it for testing.
C. The Animal Services Department will investigate each potential rabies exposure and
assure appropriate resolution.
Sec. 7.07.030. — Quarantine required; methods.
A. Any dog, cat, or domestic ferret that has bitten a human or if there is probable cause to
believe that the dog, cat or domestic ferret has otherwise exposed a human to rabies shall
be quarantined in accordance this Chapter, Texas Health and Safety Code Chapter 826,
and Tex. Admin. Code Title 25 Section 169.27. The animal must be quarantined either at
the Animal Shelter, or the owner may exercise the option to quarantine the subject animal
within twenty-four hours of notification to the Animal Services Department in a Texas
Department of Health approved facility including a licensed veterinarian's clinic in the
city which has facilities for isolation cages, or in a home quarantine as provided in
subsection C.
B. Quarantine will be subject to the following conditions:
1. Quarantine shall begin at the time of the exposure and last for a period of ten
days;
2. An unvaccinated dog, cat or domestic ferret should not be vaccinated during the
observation period; and
3. The animals must be observed twice daily for rabies symptoms during the
observation period.
C. Home Quarantine.
The owner of the dog, cat or ferret may request permission from the Animal Services
Department to place the animal in home quarantine if the following criteria are met:
1. A secure enclosure must be available at the home of the owner and must be
approved by the Animal Services Department;
2. The animal must have received a rabies vaccination and the time elapsed since
the most recent rabies vaccination has not exceeded the manufacturer
recommendations for the rabies vaccine. If an unvaccinated animal is not
Exhibit A—Animal Ordinance 5.7.2013 30
Exhibit A
over four months of age at the time of the bite or potential exposure, it may
be allowed home quarantine;
3. The Animal Services Department or a veterinarian must observe the animal at
least on the first and last days of home quarantine;
4. The owner must allow the Animal Services Department, with reasonable
notice, to view and confirm the health of the animal during the rabies
quarantine period;
5. The animal
was not
a stray as
defined in the Texas Health and Safety Code
§826.002 at
the time
of the bite
or potential rabies exposure;
6. The animal must be kept away from other animals and only individuals in the
immediate household are permitted to provide care for the quarantined animal;
7. The animal may not be removed from the city limits while under quarantine;
8. The owner shall not subject the animal to any medical procedure, including
any vaccination, without first notifying the Animal Services Department; and
9. The owner shall
notify
the Animal
Services Department immediately if the
animal becomes
sick or
displays any
behavioral changes.
Chapter 7.08. — Enforcement, Penalties, and Fees
See. 7.08.010. — Enforcement.
A. The animal services officer of the city or other designees of the Chief of Police shall be
the enforcement officials for this chapter and shall:
1. Administer and enforce all state and federal laws pertaining to animals which
authorize the local rabies control authority or Animal Services Department to
enforce the same and aid the state health department in the enforcement of
area quarantines;
2. Administer and enforce all provisions of this title;
3. Gathering, impound, or quarantine any animal found in violation of this title,
and:
4. Issue citations to owners of any animal found in violation of this title unless
otherwise excepted by law.
Exhibit A—Anima( Ordinance 5.7.2013 31
Exhibit A
B. For purposes of enforcement of Section 7.03.010 and Section 7.03.020 Animal Services
Officer shall be authorized to enter onto private property if said officer observes, by
reasonable means, an animal that appears to be in distress or in danger.
Sec. 7.08.020. — Violations; Penalty.
Any violation of the provisions of this Chapter shall be punishable by a fine as set out in Section
1.08.010 of the Code of Ordinances unless otherwise specifically set out in this Chapter. Each
day that a violation is permitted to exist shall constitute a separate offense.
Sec. 7.08.030. - Animal Services Fees.
Impoundment of dog or cat with current license:
First impoundment within one year: No charge.
Subsequent impoundments within one year of previous impoundment ..... $50,00
Impoundment without current license ..... $40.00
Impoundment of female in estrus ..... $50,00
Impoundment of livestock:
1. Impoundment per head ..... $65.00; and
2. Any veterinarian, drug or other cost/expense incurred for the animal(s) while
impounded.
Intact Animal Fee in lieu of sterilization on second impound ..... $250.00
Animal Shelter Fees:
Boarding fee per night.....$ 10.00
Quarantine fee per night ..... $8.00
Boarding livestock per night..... $20.00
Rabies vaccination..... $15.00
Adoption..... $20.00 plus vet cost/expense
Annual License Fees:
Unaltered dog/cat*..... $20.00
Altered dog/cat* (or dog/cat)..... $5.00
Altered dog/cat whose owner is 65 or over (limit one free license per person): No
charge.
Dogs professionally trained to assist disabled persons: No charge.
Replacement tag..... $1.00
Exhibit A—Animal Ordinance 5.7.2013 32
Exhibit A
*Note: One dollar for each license sold will be placed in a fund to assist low
income persons with altering and care costs.
Annual Permit Fees.
Kennel.....$65.00
Multiple Pet Owner..... $25.00
Commercial Sales..... $250.00
Registered Dangerous Dog..... $65.00
Exhibit A—Animal Ordinance 5.7.2013 33