HomeMy WebLinkAboutORD 95-10 - Animal Control11RIDINANCE NO.
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WHEREAS, the City Council desires to update licensing of dogs; to establish licensing of
cats; to establish permits and controls concerning dangerous, wild, and exotic animals; and to
establish ordinances regulating livestock, domestic, and other animals; and,
WHEREAS, the City Council finds the adoption of these ordinances are in the best interests
of public and animal health and safety;
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 resolution 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. The City Council finds that this resolution implements Facilities
and Services Policy #1 of the Century Plan -Policy Plan Element, which states, "The City enjoys a
high quality of life with excellent facilities and services and the provision of new services which meet
the needs of the community," and further finds that the adoption of this resolution 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,
SECTION 2. The attached Exhibit A, relating to Chapter 7.01 - 7.05 of Title 7 -- Animals is hereby
adopted by the City Council of the City of Georgetown, Texas.
SECTION 3. 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 top be severable.
Ordinance No.. 5 1
Animal Control Ordinance
Page 1 of 2
SECTION 4, 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 in ten (10) days on and after
publication in accordance with the provisions of the Charter of the City of Georgetown.
PASSED AND APPROVED on First Reading on the 28th day of February, 1995.
PASSED AND APPROVED on Second Reading on the 14th day of March, 1995.
andra Lee, City
Marianne Landers Banks, City Attorney
Ordinance No. ?65:blo
Animal Control Ordinance
Page 2 of 2
THE CITY OF GEORGETOWN:
Leo Wood, Mayor
Title 7
Chapters:
7.01 Definitions and Penalties
7.02 Licenses and Permits
7.03 Animal and Livestock Impoundment and Adoption
7.04 Animal Bites, Care, and Nuisances
7.05 Dangerous, Wild, and Exotic Animals
Title 7 -- Animals Page 1 of 40 March, 1995
Chapter 7.01
Sections.
7.01.010 Definitions
7.01.020 Penalties
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:
"ANIMAL" means any or all animals listed or defined, but not limited to, all animals
in this Ordinance.
"ANIMAL SERVICES OFFICER" means person designated by the City of
Georgetown as the primary enforcement officer of City of Georgetown Code of
Ordinances regulating animals and owners of animals and for the enforcement of sections
of the Texas Statutes pertaining to the care and control of animals.
"ANIMAL SHELTER" means facility designated and/or operated by the City of
Georgetown for the purpose of impounding and caring for animals held under authority
of this Ordinance.
"BREEDING KENNEL" means an establishment designed or used for the boarding,
selling or breeding of animals where more than three (3) dogs and two (2) cats or three
(3) cats and two (2) dogs are to be boarded, sold, or bred. Grooming parlors where no
animals are to be kept overnight and veterinary clinics shall not be considered kennels.
"BOARDING KENNEL" means an establishment used for the purpose of boarding
pet animals on a temporary basis and where no animals are bred or sold.
"DANGEROUS ANIMAL" means any warm-blooded mammal which is known to
carry or be susceptible to the rabies virus and which cannot be effectively vaccinated
against that virus with any vaccine approved by the Texas Department of Health. A
dangerous animal includes any hybrid animal or any pet wildlife which has attacked a
human or which is apprehended or observed unrestrained. (Note: Dangerous Animal
shall include any venomous or carnivorous fish or reptile or any fish or reptile that grows
over six (6) feet in length.)
Title 7 -- Animals Page 2 of 40 March, 1995
"DOMESTIC ANIMAL" means any animal whose physiology has been determined
or manipulated through selective breeding and does not occur naturally in the wild, any
animal which can be vaccinated against rabies with an approved rabies vaccine and any
animal which has an established rabies quarantine observation period.
"ESTRAY" means any stray horse, stallion, mare, gelding, filly, colt, mule, jenny,
jack, jennet, hog, sheep, goat, confined and domesticated hares and rabbits, or any
species of cattle.
"EXOTIC SPECIES" means any animal or reptile, fish, or bird, born or whose
natural habitat is considered to be outside the continental United States, including
nonvenomous reptiles and fish.
"HARBORING" means the act of keeping and caring for an animal or of providing
a premise to which the animal returns for food, shelter, or care for a period of ten (10)
days or longer.
"MULTIPLE PET OWNER" means a person who keeps or harbors more than five
(5) cats or dogs or any combination of five (5) cats and dogs. Puppies and kittens under
four (4) months of age shall not be counted for purposes of this definition.
"NON -REGISTERABLE DANGEROUS DOG" means any dog which:
A. When
unprovoked,
severely attacked
or inflicted serious
injury or
death
to a person,
whether on public
or private property;
or,
B. Has been
deemed non -registerable
by
the Animal Services
Department
and upheld or
unchallenged
in
the court of jurisdiction.
"NUISANCE" means the conduct of any owner in allowing an animal to:
A. Engage in conduct which establishes such animal is a "dangerous
animal";
B. 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;
C. Be "at large" (excluding house cats);
D. Cause a disturbance by excessive barking or noise making near the
private residence of another;
E. Produce odors or unclean conditions sufficient to annoy persons
living in the vicinity; or,
Title 7 — Animals Page 3 of 40 March, 1995
F. Chase vehicles, or molest,
persons on public property.
attack or interfere with other animals or
"OWNER" means any person who has right of property in an animal, and/or is
harboring an animal.
"PET ANIMAL" means dogs, cats, rabbits, rodents, commercially -bred ferrets,
birds, nonpoisonous reptiles, and other species of animal which is sold or retained as a
household pet but shall not include skunks, ferrets from natural habitats, nonhuman
primates, and any other species of wild, exotic or carnivorous animal that is susceptible,
but not an animal that may be vaccinated for rabies, and that may be further restricted
in this Ordinance.
"PRIVATE BREEDER" means any person that breeds or allows their pet animal,
whether purebred or mixed breed, to produce offspring.
"PROHIBITED ANIMALS" means any or all animals, but not limited to venomous
reptiles, nonvenomous reptiles over six (6) feet in length, alligators, crocodiles, elephants,
rhinoceroses, skunks, raccoons, foxes, coyotes, bats, wolves, or any hybrid of this
animals.
"POULTRY" all domesticated fowl and all game birds which are legally kept in
captivity.
"PROPER ENCLOSURE" means a house or a building, or in the case of a fence
or structure/pen, the fence or structure/pen must be at least four (4) feet in height. The
structure/pen must also have minimum dimensions of five (5) feet by ten (10) feet. The
fence or structure/pen must form an enclosure suitable to prevent entry of young children,
and must be locked and secured such that an animal cannot climb, dig, jump, or
otherwise escape of its own volition. The enclosure shall be securely locked at all times
and have secure sides to prevent a dangerous animal or registered dangerous dog from
escaping from the enclosure. The structure/pen shall provide protection from the
elements for the animal. The Animal Services Department may require a fence higher
than four (4) feet or require a secure top and/or a secure bottom to the structure/pen if
the need is demonstrated.
"QUARANTINE" means a period of ten (10) days used for observation of a
domestic or pet animal to determine the health status of that animal in relation to the
Rabies virus.
"QUARANTINE BY OWNER" means an animal ownerwho quarantines with Animal
Services permission under the following conditions:
A. Animal must have current rabies vaccination and be registered with Animal
Services,
Title 7 — Animals Page 4 of 40 March, 1995
B. Animal must be inside an enclosed structure, i.e., house or garage, and
must remain there for 10 days.
C. If maintained outside, animal must be behind a fence from which it cannot
escape and on a chain from which it cannot break loose or inside a covered
pen or kennel from which it cannot escape. The length of the chain must
prevent the animal from making contact with the fence in which it is kept.
D. Animal must be kept away from other animals and people except those in
the immediate household.
E. Animal may not be removed from Corporate City Limits of Georgetown
while under quarantine.
F. Owner shall notify Animal Services Department immediately if animal
becomes sick or displays any behavioral changes.
G. Owner shall
not subject the animal to any
medical procedure,
without first
notifying the
Animal Services Department.
This includes any
vaccination.
H. Animal must be examined by a licensed veterinarian by the first day of
home quarantine and again on the final day of quarantine. Owner shall be
responsible for producing proof of said veterinarian examinations.
I. No animal that is at -large or unleashed at the time of exposure may be
quarantined by owner.
J. Owner must allow Animal Services, with reasonable notice, to view and
confirm the health of the animal during the Rabies quarantine period.
"RABIES VACCINATION" means the vaccination of a dog, cat or other domestic
animal with an anti -rabies vaccine approved by the Texas Department of Health and
administered by a veterinarian licensed by the State of Texas.
"REGISTERED DANGEROUS DOG" means any dog registered with the City of
Georgetown in compliance with Chapter 822, Texas Health and Safety Code, Subchapter
D, and with the section of this Ordinance addressing Registered Dangerous Dogs.
"RESTRICTED ANIMALS" means any individual species and/or subspecies of the
following animals: antelopes, lions, tigers, ocelots, cougars, leopards, cheetahs, jaguars,
hyenas, bears, lesser pandas, ferrets born in natural habitats, binturongs, ostriches,
emus, miniature pigs, apes, or such other nondomestic species of animal not common
to this area.
Title 7 — Animals Page 5 of 40 March, 1995
"RUNNING AT LARGE" (Animals at Large)
A. Off premises:
1. Any animal, except pet cats, which is not restrained by means of a
leash, chain, or other physical apparatus of sufficient strength and
length to control the actions of such animal while off premises.
2. Any cat which is creating a nuisance off the owner's property.
B. On premises:
1. Any animal, except pet cats, not confined to premises of owner by
a substantial fence of sufficient strength and height to prevent the
animal from escaping therefrom, or secured on the premises by a
chain or leash sufficient in strength to prevent the animal from
escaping from premises and so arranged that the animal will remain
upon the premises when the leash is stretched to full length.
2. An
animal
intruding upon the
property of another person other than
the
owner's
shall be termed "at
large."
3. Any animal within a vehicle in a manner that would prevent that
animal's escape or contact with other persons or animals shall not
be deemed "at large."
"SERIOUS INJURY" means bodily injury resulting from severe attack or severe bite
from an animal which produces severe pain, trauma, loss of blood or tissue, and which
requires medical treatment of wounds inflicted by the animal.
"SEVERE ATTACK" means an attack in which the animal repeatedly bites or
vigorously shakes its victim, and the victim, or a person intervening, has extreme difficulty
terminating the attack.
"SEVERE BITE" means a puncture or laceration made by an animal's teeth which
breaks the skin, resulting in a degree of trauma which would cause most prudent and
reasonable people to seek medical care for treatment to the wound, without
considerations of rabies prevention alone.
"STRAY ANIMAL (including estray)" means any animal, for which there is no
identifiable owner or harborer, which is found to be at large within the corporate limits of
the City of Georgetown, Texas,
Title 7 — Animals Page 6 of 40 March, 1995
"THEATRICAL EXHIBITION" means any exhibition or act featuring "performing
animals." Such exhibitions shall not include resident or non-resident 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 any affiliate thereof nor shall it include any
primary horse show.
"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 any practitioner of veterinary medicine licensed by the
State of Texas to practice such in Texas.
"WILDLIFE" means any animal which occurs naturally in a wild state. This
includes any animal which is part wildlife.
7.01.020 Penalties.
Any person who violates any of the provisions of Title 7 of the City of Georgetown
Code of Ordinances shall be guilty of a misdemeanor and upon conviction thereof, shall
be punished by a fine not to exceed five hundred dollars ($500.00). Each day of
violation, each separate animal and each incident of violation of this ordinance shall
constitute a separate offense.
Title 7 — Animals Page 7 of 40 March, 1995
Sections.
_ 11 : k "V
Article 1. Animal Licensing
7.02.010 Vaccination
7.02.020 Certificate of Vaccination
7.02.030 Rabies Tag
7.02.040 License Required
7.02.050 Tag and Collar
7.02.060 Guard Dogs
7.02.070 Revocation of License
7.02.080 Enforcement
7.02.090
7.02.100
7.02.110
7.02.120
7.02.130
7.02.140
7.02.150
Article II. Kennels/Multiple Pet Ownership
Permit Required
Permits
Kennel Facility Requirements
Private Breeder Disposal Permit
Multi -Pet Ownership
Revocation or Suspension of Kennel or Multi -Pet Ownership
Permits
Commercial Sales Permit
Article 1. Animal Licensing
7.02.010 Vaccination.
Every owner of a dog or cat over three (3) months of age shall have such animal
vaccinated against rabies. All such dogs or cats shall be revaccinated at one (1) year
intervals thereafter. Any person establishing residence within the City of Georgetown
shall comply with this ordinance within ten (10) days of establishing such residency. If
an unvaccinated dog or cat inflicts a bite, scratch, or otherwise attacks any person within
the City limits a rabies vaccine shall not be administered to the dog or cat until that
animal is released from quarantine.
7.02.020 Certificate of Vaccination.
Upon vaccination, the veterinarian shall execute and furnish to the owner of the
dog or cat as evidence thereof, a certificate of vaccination. The veterinarian shall retain
a duplicate copy of the certificate and one copy shall be filed with the owner. Such
certificate shall contain the following information:
Title 7 — Animals Page 8 of 40 March, 1995
A. The name, address and telephone number of the owner of the vaccinated
dog or cat; and,
B. The date of vaccination; and,
C. The type of rabies vaccine used; and,
D. The year and number of the rabies tag; and,
E. The breed, age, color, and sex of the vaccinated dog or cat.
7.02.030 Rabies Tag.
Concurrent with the issuance and delivery of the certificate of vaccination, the
owner of the dog or cat shall cause to be attached to the collar or harness of the
vaccinated animal a metal tag, serially numbered to correspond with the vaccination
certificate number and bearing the year of issuance.
7.02.040 License Required.
All dogs and cats three (3) months of age or older which are kept, harbored, or
maintained within the corporate limits of the City shall be licensed. Cat and dog licenses
shall be provided by the Animal Services Department or their agent upon payment of the
required fee for each cat or dog. Before a City License will be issued,the owner of the
cat or dog must present a certificate from a licensed veterinarian showing that said cat
or dog has been vaccinated for rabies within the preceding twelve (12) months. The
owner shall state his/her name and address, and the breed, color, and sex of the cat or
dog to be licensed. Said license shall be valid for one year from date of issuance.
7.02.050 Tag and Collar.
Upon payment of the license fee, where applicable, the City shall issue to the
owner a license certificate and metal tag having stamped the number corresponding with
the number of the certificate. Such tag shall at all times be securely attached to a collar
or harness around the neck of the animal. In case a tag is lost, a duplicate will be issued
by the Animal Services Department or its agent 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 refunds shall be made.
7.02.060 Guard Dogs.
All dogs which are trained by a certified professional and kept solely for the
protection of persons and property, residential, commercial or personal, shall obtain a
permit from the Animal Services Department. The annual fee for this permit shall be sei
by the City Council. The area or premises in which such dog is confined shall be
conspicuously posted with warning signs bearing letters not less than two (2) inches high,
stating "GUARD DOG ON PREMISES."
Title 7 -- Animals Page 9 of 40 March, 1995
Said area of premises shall be subject to inspection by the Animal Services
Department to determine that the animal in question is maintained and secured at all
times in such a manner so as to prevent its coming in contact with the public.
Dogs used by federal, state, county, or municipal law enforcement agencies are
exempt from this section.
7.02.070 Revocation of License.
A. The
City Manager
or his/her designee
may revoke any cat or dog license
after
a hearing for
any one or more of
the following reasons:
1. Impoundment of a cat or dog by the City more than two (2) times
during a twelve (12) month period; or,
2. More than two (2) final convictions of a person for violating this
Ordinance when such convictions relate to the cat or dog which is
being considered for revocation or its license certificate; or,
3. Any combination of Number 1 and Number 2, totalling three (3)
incidents; or,
4. Upon a determination that the animal is a Nan -registerable
Dangerous Dog, as defined in Chapter 7.05, Article I.
B. Upon revoking the license of any cat or dog, the Animal Services
Department shall notify the owner of the cat or dog of said action in writing.
Written notification shall be deemed made when a certified letter, return
receipt requested, addressed to the last know mailing address of the cat or
dog's owner is deposited in the U. S. Mail.
C. Upon the expiration of ten (10) days after written notification of revocation
is deposited in the U. S. Mail, as provided above, no cat or dog which has
had its license revoked shall be kept, maintained, or harbored within the
City limits and each twenty-four (24) hour period shall constitute a separate
violation.
D. Upon revocation of license, owner of animal with revoked license shall
notify the Animal Services Department of the location to which the animal
is being removed.
E. Owner may appeal decision to City Manager or his designee. The City
Manager's decision shall be final.
Title 7 -- Animals Page 10 of 40 March, 1995
7.02.080 Enforcement.
For the purposes of discharging the duties imposed by this Article and to enforce
its provisions, any peace officer or Animal Services officer is empowered to enter upon
any premises upon which an animal is kept or harbored and to demand the exhibition by
the owner of such animal or the license for such animal in accordance with the provisions
of this Article, to include random city-wide canvassing and checks for compliance with the
Article.
The owner of animal is required to produce the license and vaccination information
for each animal in his ownership upon demand by an Animal Services Officer or peace
officer.
Article 11. Kennels/Multiple Pet Ownership
7.02.090 Permit Required.
A. Permits shall be required for all kennels and multi -pet owners.
B. Private breeders shall be issued a Private Breeder Disposal Permit in order
to sell or give away any puppies or kittens, on public or private property
within the City limits of Georgetown.
7.02.100 Permits.
Permits shall be valid for one (1) year from date of issuance. The permit fee shall
be set by the City Council.
7.02.110 Kennel Facility Requirements.
Upon inspection of the premises by the Animal Services Department, the permit
shall be issued if the following conditions are met.
A. The facility must be adequate for the number and type of animals to be
kept.
1. Facility must be of sufficient size as to allow animals to move about
freely. This shall apply to each animal kept. Size of facility shall be
in proportion to the size if the individual animal's height and weight.
2. Adequate food and water must be provided so that each and all
animals kept shall be maintained in good health and free of
malnutrition and/or dehydration.
Title 7 — Animals Page 11 of 40 March, 1995
3. Said 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's health and/or to the health of the general
public.
B. The animals
and the
facility must
be kept free of odor or stench which is
offensive to
a person
of ordinary
sensibilities.
C. The animals
must be
maintained
in a manner which does not pose a
danger to the
health of
the animals
themselves or to adjacent animals.
D. The animals must not cause noise which is offensive or disturbing to a
person of ordinary sensibilities on adjoining, adjacent, or neighboring
premises.
E. The applicant or holder of the permit shall not have been issued citations
for violation of this Chapter on two (2) separate occasions, or animals
covered by or to be covered by the permit have not been impounded on two
(2) separate occasions.
F. In the case of a boarding kennel, no animal may be bred or sold therein.
7.02.120 Private Breeder Disposal Permit.
No private breeder may sell or give away any dog, cat, or pet animal in the City
limits of Georgetown without a private breeder disposal permit issued by the Animal
Services Department.
Animal Services shall determine the basic health of the animals before a permit
is issued.
7.02.130 Multi -Pet Ownership,
A. All animals to be covered by the multi -pet permit must be altered, whether
spayed or neutered.
B. The facility must be adequate for the number and type of animals to be
kept.
1. Facility must be of sufficient size as to allow animals to move about
freely. This shall apply to each animal kept. Size of facility shall be
in proportion to the size if the individual animal's height and weight.
2. Adequate food and water must be provided so that each and all
animals kept shall be maintained in good health and free of
malnutrition and/or dehydration.
Title 7 — Animals Page U of 40 March, 1995
3. Said 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's health and/or to the health of the general
public.
C. The animals and the facility must be kept free of odor or stench which is
offensive to a person of ordinary sensibilities.
D. The animals
must be
maintained
in a manner which does
not pose a
danger to the
health of
the animals
themselves or to adjacent
animals.
E. The animals must not cause noise which is offensive or disturbing to a
person of ordinary sensibilities on adjoining, adjacent, or neighboring
premises.
F. The applicant or holder of the permit shall not have been issued citations
for violation of this Chapter on two (2) separate occasions, or animals
covered by or to be covered by the permit have not been impounded on two
(2) separate occasions.
7.02.140 Revocation or Suspension of Kennel or Multi -Pet Ownership Permits.
Any kennel or multi -pet owner permitted under this Chapter found to be in violation
of any zoning law, health law, or any other applicable Ordinance of the City of
Georgetown or of the State of Texas, or the facility is maintained in such a manner as to
be detrimental to the health, safety or peace of mind of persons residing in the immediate
vicinity, may have its permit suspended or revoked without prior notice by the Animal
Service Department.
7.02.150 Commercial Sales Permit.
All persons engaged in the commercial sale of any animals, domestic or otherwise,
including, but not limited to, pet stores and stores in which pets and animals are not the
central item of sale within the store such as department stores, drugstores, and
convenience stores, must apply for a Commercial Sales Permit at the Animal Services
Department. The Commercial Sales Permit shall be issued provided the applicant meets
all the provisions of the Section. The fee shall be set by the City Council and shall be
valid for one year from the date of issuance. Those persons currently engaged in the
selling of animals in the aforementioned manner are required to apply for the Commercial
Sales Permit immediately.
Title 7 -- Animals Page 13 of 40 March, 1995
Upon inspection of the premises where the animals are to be sold by the Animal
Service Department, the permit shall be issued if the following conditions are met:
A. The facilities in which the animals are stored or housed must be adequate
for the number and type of animals to be kept.
1. Facilities shall be sufficient size as to allow animals to move about
freely. This shall apply to each animal kept. Size of the facility shall
be in proportion to the size of the individual animal's height and
weight.
2. Adequate food and water must be provided so that each and all
animals kept shall be maintained in good health and free of
malnutrition and/or dehydration.
3. The said 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's health and/or to the health of the
general public.
B. The animals
and the
facility must
be kept free of odor or stench which is
offensive to
a person
of ordinary
sensibilities; and,
C. The animals
must be
maintained
in a manner which does not pose a
danger to the
health of
the animals
themselves or adjacent animals; and,
D. The animal must not cause noise which is offensive or disturbing to a
person of ordinary sensibilities on adjoining, adjacent or neighboring
premises; and,
E. The applicant of the permit has not been issued citations for violation of this
Chapter on three (3) separate occasions within a one year period.
The Commercial
Sales 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 above conditions listed in this Section.
Once the permit has been revoked,
the
store whose permit has
been revoked may not
reapply for a period of six (6) months
and
shall not engage in the
sale of animals in the
manner described in this Section for
that
period.
Upon revocation of the Commercial Sales Permit, the owner of the animals
covered in the revoked permit are to remove those animals from the City limits of
Georgetown within ten days and notify the Animal Services Department of the location
to which they will be moved. If owner does not comply with removal of animals within the
ten day period, the Animal Services Department shall have the authority to remove said
animals for the purpose of impoundment.
Title 7 -- Animals Page 14 of 40 March, 1995
Sections:
Chapter 7.03
FAIZII&Vt]W�kj 'ilk
.'1 • �' s r t l •
Article I. Animal Impoundment
7.03.010 Impoundment
7.03.020 Disposition of Impounded Animals
7.03.030 Animals Held on Complaint
7.03.040 Removal of Animals from Confinement
7.03.050 Animals At Large
7.03.060 Confinement During Estrus
7.03.070 Adoption of Animal
Article ll. Estray and Other Livestock
7.03.080
Estray and Other Livestock At Large
7.03.090
Impoundment of Estray and Other Livestock
7.03.100
Advertisement of Impounded Estray and Other Livestock
7.03.110
Recovery by Owner
7.03.120
Fees
7.03.130
Sale of Estray or Other Livestock
7.03.140
Recovery by Owner of Sale Proceeds
7.03.150
Use of Estray or Other Livestock
7.03.160
Death or Escape of Estray or Other Livestock
7.03.170
Other Restrictions
Article I. Animal Impoundment
7.03.010 Impoundment.
A. Animals owned or harbored in violation of Title 7 of the City of Georgetown
Code of Ordinances or law of the State of Texas shall be taken into custody
by an animal services officer or other designated official and impounded
under the provisions of this Ordinance.
B. Owners of impounded
pets
are
required to pay all fees related to the
impoundment as set by
the
City
Council,
Title 7 -- Animals Page 15 of 40 March, 1995
7.03.020 Disposition of Impounded Animals.
A. DOGS AND CATS WITH NO IDENTIFICATION
All dogs and cats impounded by the Animal Services Department or brought
to the Animal Shelter by a person other than the harborer or owner of that
animal shall be held for a minimum of seventy-two (72) hours during which
time period the owner may present proof of ownership at the Shelter. After
paying all applicable fees, that owner may reclaim the dog/cat. In the event
that the dog/cat is not claimed after seventy-two (72) hours in the Shelter,
that dog/cat shall become the property of the City of Georgetown.
B. DOGS AND CATS WITH IDENTIFICATION
All dogs and cats impounded by the Animal Services Department or brought
to the Animal Shelter by a person other than the harborer or owner of that
animal that are wearing traceable identification or where an owner is known
shall be held in the Shelter for a minimum of seven (7) complete days from
the time the animal enters the facility, during which time the Animal
Services Department will notify the owner, when known, of the
impoundment. Unless the owner has notified the Animal Services
Department in writing of his/her intentions to claim the dog/cat after that
date, listing a date by which time that owner will reclaim the dog/cat and
satisfy all applicable fees and this arrangement has been approved by the
Animal Services Supervisor, the animal shall become the property of the
City of Georgetown on the eighth (8th) day.
C. ANIMALS SURRENDERED BY THE OWNER/HARBORER
All animals surrendered by the owner/harborer to the Animal Services
Department shall become the property of the City of Georgetown
immediately upon completion of the Owner/Harborer Surrender form.
D. ANIMALS OTHER THAN DOGS, CATS OR ESTRAYS IMPOUNDED
All animals other than dogs, cats, estrays or animals holding current
restricted animal permits in Georgetown impounded by the Animal Services
Department or brought to the Animal Shelter by a person other than the
owner/harborer shall become the property of the City of Georgetown unless
such ownership is prohibited by state or federal law.
E. DISPOSITION OF ANIMALS
Any animal that cannot be adopted or transferred to a proper and
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 the laws of the State of Texas. All animals listed as
endangered or protected shall be transferred to the proper authority at the
earliest possible date.
Title 7 — Animals Page 16 of 40 March, 1995
7.03.030 Animals Held on Complaint.
If a complaint has been filed in Municipal Court for the City of Georgetown against
the owner of an impounded animal for a violation of this Ordinance the animal shall not
be released except on the order of the Animal Services Department which may also direct
the owner to pay any penalties for violation of this Ordinance in addition to all
impoundment fees. Surrender of an animal by the owner thereof to the Animal Services
Department does not relieve or render the owner immune from the decision of the court,
nor from the fees and fines which may result from a violation of this Ordinance.
7.03.040 Removal of Animals from Confinement.
A. REMOVAL OF ANIMALS FROM CONFINEMENT
It shall
be
unlawful for
any person
to
remove or
allow
to escape from
any
place
of
confinement
any dog
or
cat which
has
been confined
as
authorized, without the consent of the impounding agency.
B. IMPOUNDING.. INTERFERING WITH OFFICERS
It shall be unlawful for any person to interfere or attempt to interfere with
the Animal Services Officer or to interfere or attempt to interfere with any
person acting for the City in the taking up and impounding of animals in the
City.
7.03.050 Animals At Large.
It shall
be unlawful for any person owning
or harboring
an animal to
permit such
animal to run
at large as defined by Chapter 7.01
(Running At
Large) of this
Ordinance.
Any officer or citizen of the City of Georgetown is hereby authorized to take up and
deliver to the Animal Services Department any animal mentioned in this Ordinance that
may be found "at large" in the corporate limits of the City, subject to the applicable
provisions of the law. Failure to notify and/or turn over to the Animal Services
Department any such animal within forty-eight (48) hours may subject the person taking
up the animal to civil and/or criminal action.
The Animal Services Officer or his agent and peace officers are authorized to
impound any animal mentioned in this Ordinance which is in violation of the Ordinance.
In the event the animal is on private property or property of the animal's owner the Animal
Services Officer, his/her agent, or peace officer may enter the property, other than a
private dwelling for the purpose of impoundment or issuance of a citation, or both, subject
to the applicable provisions of the Ordinance and law.
Title 7 — Animals Page 17 of 40 March, 1995
7.03.060 Confinement During Estrus.
Any unspayed
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
said area of
enclosure shall be so constructed that no other dog or cat may gain access to the
confined animals. Owners who do not comply shall be ordered to immediately remove
the animal in heat to a veterinary hospital, or the Animal Shelter. Failure to comply with
the removal order of the Animal Services Department shall be a violation of this
Ordinance and the dog or cat will then be impounded as prescribed in this Ordinance.
All expenses incurred as a result of this confinement shall be paid by the owner.
7.03.070 Adoption of Animal.
A. All animals which are adopted from the Animal Shelter shall be surgically
altered to prevent reproduction in that animal. The person adopting the
animal shall sign an adoption contract stating that he/she will have said
animal surgically altered and the date by which the surgery must be
performed, if the animal has not been altered before it leaves the Animal
Shelter.
B. It shall
be
the
responsibility of
the person adopting to provide proof of
altering
to
the
Animal Services
Department.
C. Failure to comply with this section or failure to comply with the terms of the
adoption contract shall give the Animal Services Department the right to
recover the adopted animal in question and revoke the owner's adoption
contract. Such failure shall also constitute a violation of this Ordinance.
D. The adoption fee shall be set by resolution of the City Council, to render
neutral the cost of surgically altering, medicating, vaccinating, and preparing
said animal for adoption. The person adopting the animal shall be provided
a list of fees related to the adoption prior to the agreement being signed.
Article II. Estray and Other Livestock
7.03.080 Estray and Other Livestock.
A. It is unlawful for any owner or person in control of any horse, mule, jack,
jennet, cattle, hog, goat or sheep (estray) to permit any such animal to run
at large on land not his own or under his control, or on any street, alley or
other public place in the City.
B. It is unlawful for the owner or person in control of any chicken or other fowl
to permit the same to run at large on any land not his own or under his
control, or on any street, alley or other public place in the City.
Title 7 — Animals Page 18 of 40 March, 1995
C. It is unlawful and constitutes a nuisance for the owner or any person in
charge or control of any pigeons in the City, or the owner or any person in
charge or control of any premises in the City upon which pigeons nest, to
allow such pigeons to run or fly at large in the City.
(Prior code §§ 5-1 -- 5-3)
It shall be the duty of the Animal Services Department to take up any and all
estray and other livestock that may be found in and upon any street, alley, or upon any
unenclosed lot in the City of Georgetown, or otherwise to be found at large, and to
confine such estray or other livestock for safe keeping. Upon impounding, the Animal
Services Department shall prepare a file to be located in the Animal Services Department.
Each entry shall include the following:
A. The name and address of the person who notified the Animal Services
Department of the estray or other livestock; and,
B. The date, time and location of the estray or other livestock when found;
and,
C. The location of the estray or other livestock until disposition; and,
D. A description of the animal including its breed, color, sex, age, size, all
markings of any kind, and other identifying characteristics.
7.03.100 Advertisement of Impounded Estray or Other Livestock.
When an estray or other livestock has been impounded, the Animal Services
Department shall make a diligent search of the register of recorded brands in the County
for the owner of the estray or other livestock. If the search does not reveal the owner,
the Animal Services Department shall advertise the impoundment of the estray in a
newspaper of general circulation in the County at least twice during the next fifteen (15)
days following impoundment and post a notice of the impoundment of the estray or other
livestock on the public notice board of City Hall.
7.03.110 Recovery by Owner.
The owner of an estray or other livestock may recover possession of the animal
at any time before the animal is sold under the terms of this Article if:
A. The owner has provided the Animal Services Department with an "Affidavit
of Ownership" of the estray or other livestock containing at least the
following information:
Title 7 — Animals Page 19 of 40 March, 1995
1. The name and address of the owner; and,
2. The date the owner discovered that the animal was missing; and,
3. The property from which the animal strayed; and,
4. A description of
the animal including
its breed,
color, sex, size, all
markings of any
kind, and any other
identifying
characteristics.
B. The Animal Services Department has approved affidavit; and,
C. The owner has paid all handling fees to those entitled to receive them.
7.03.120 Fees.
For each and every estray or other livestock taken and impounded there shall be
paid to the City of Georgetown by the owner thereof or his agents the fees established
by the City Council for each and every day that the animal shall remain in the custody of
the Animal Services Department. The owner shall also pay for any veterinarian or drug
fees incurred for the animal(s) while in the custody of the Animal Services Department,
7.03.130 Sale of Estray or Other Livestock.
If the ownership of an estray or other livestock is not determined within fourteen
(14) days following the final advertisement required by this Article, title to the estray or
other livestock rests with the City and the Animal Services Department shall then cause
the estray or other livestock to be sold at a public auction. If there are not any bidders,
ownership is forfeited to the City.
Title shall be deemed vested in the Animal Services Department for purposes of
passing a good title, free and clear of all claims to the purchaser at the sale.
The disposition of the proceeds derived from the sale at public auction will be as
follows:
A. Pay all handling fees to those entitled to receive them;
B. Execute a report of sale of impounded stock;
C. The net proceeds remaining from the sale of the estray or other livestock
after the handling fees have been paid shall be delivered by the Animal
Services Department to the Finance Office. Such net proceeds shall be
subject to claim by the original owner of the estray or other livestock as
provided herein.
Title 7 -- Animals Page 20 of 40 March, 1995
D. If the bids are too low, the Animal Services Department shall have the right
to refuse all bids and arrange for another public auction or sealed bidding
procedure.
7.03.140 Recovery by Owner of Sale Proceeds.
Within twelve (12) months after the sale of an estray or other livestock under the
provisions of this Article the original owner of the estray may recover the net proceeds
of the sale that were delivered to the Finance Office if:
A. The owner has provided the Animal Services Department with an affidavit
of ownership; and,
B. The Animal Services Department has accepted the affidavit of ownership.
After the expiration of twelve (12) months from the sale of an estray or other
livestock as provided by this Article, the sale proceeds shall escheat to the City. If animal
was forfeited to City due to no bidders at auction; then City is not to be liable to owner
for any proceeds of sale, since no proceeds were received.
7.03.150 Use of Estray or Other Livestock.
During the period of time an estray or other livestock is held by one who
impounded the estray or other livestock, it may not be used by any person for any
purpose.
7.03.160 Death or Escape of Estray or Other Livestock.
If the estray or other livestock dies or escapes while held by the person who
impounded it, the person shall report the death or escape to the Animal Services
Department. The report shall be filed in the record of this impoundment.
7.03.170 Other Restrictions.
A. Keeping Hogs Prohibited -- Exceptions
1. It is unlawful and constitutes an offense for any person to keep any
hog in any house, shed, pen, lot, pasture or other enclosure in the
City Limits within 200 feet of any dwelling structure, adjacent
residential or commercial lot or other public place.
2. This section does not apply to hogs kept temporarily (not to exceed
two (2) days) in shipping pens when utilized for the purposes of
shipment; or to hogs kept temporarily (not to exceed five (5) days)
at auction or sales pens or barns for the purpose of sale or show.
(Ord. 880247.005 § 2: prior code § 5-8)
Title 7 — Animals Page 21 of 40 March, 1995
B. Keeping of Animals Near City Water Supply
1. It is unlawful and constitutes an offense for any person, whether for
himself or as the agent or servant of another or others, to keep or to
participate in keeping any animal (animal made to reference any
horse, hog, cattle, sheet, goat, other livestock and/or fowl) in any pen
or lot used to confine any such multiple animal operation within five
hundred (500) feet of any water supply wells from which the City
obtains its principal water supply as specified in the official Texas
Administrative Code published under authority of the Secretary of
State. Title 31 /Natural Resources and Conservation/Section 290.41
(C)(1)(C)(D)(F).
2. "Keeping" means the care and control of the livestock or fowl in
question for a period of longer than five (5) days.
(Ord. 882047.005 § 3: prior code § 5-9)
C. Keeping of Animals and Fowl -- Restricted
It is unlawful and constitutes a nuisance to keep any horse, cattle, sheep,
goat, rabbit or other livestock, including fowl, at any place within the City,
when the place where the same are kept is within two hundred (200) feet
of any private residence or dwelling place or within five hundred (500) feet
of any building or establishment open to the public, with the exception of
park land, or if the animal or fowl in question is kept in a manner and under
conditions wherein by reason of the odors emanating therefrom,the noise
made by it or from any other cause pertaining to it or pertaining to the
manner or to the place at which it is kept is reasonably calculated to annoy,
offend or disturb the reasonable sensibilities of inhabitants of a private
residence, or person(s) occupying or visiting an establishment open to the
public. The distance provisions do not apply to park land; however, other
requirements of this section relating to the manner in which animals are
kept shall apply.
(Ord. 880247.005 § 4 (part): prior code § 5-10 (a))
D. Keeping of Animals and Fowl -- Proof Constitutes Prima Facie Case.
Proof that one dozen or more of such fowl or animals as described in
Section C above, or any combination thereof, are being kept at any one
time at a place within the City that is within two hundred (200) feet of the
private residence of another, or within five hundred (500) feet of any
building or establishment open to the public, shall be sufficient to make out
a prima facie case, and unless such prima facie case is overcome by
sufficient evidence, it shall warrant a conviction under the provisions of this
chapter.
(Ord. 880247.005 § 4 (part): prior code § 5-10 (b))
Title 7 -- Animals Page 22 of 40 March, 1995
E. Keeping of Animals and Fowl -- Exceptions to Distance Restrictions
The distance restrictions of this chapter do not apply to property zoned as
Agricultural (A) and Residential Estate (RE) according to the Zoning
Ordinance of the City of Georgetown, or to property properly zoned or used
(as in continuing use) as veterinary clinics or facilities or established
kennels that are for the purposes of care or boarding animals.
(Ord. 880247.005 § 4 (part): prior code § 5-10 (c))
F. Dead Animals and Fowl
It is unlawful for any person in the City to cause to be placed or place, or
allow to remain in or near his premises or the premises of any other person,
or in any of the streets or other public ways any dead animal, either wild or
domesticated, or any dead fowl, either wild or domesticated.
(Prior code § 5-12)
Title 7 — Animals Page 23 of 40 March, 1995
Sections.
7.04.010 Reporting Bites and Scratches
7.04.020 Reporting Suspected Rabies
7.04.030 Quarantine of Dogs and Cats/Disposition of Suspected Animals
7.04.040 Providing Care Required
7.04.050 Cruel Treatment
7.04.060 Abandonment
7.04.070 Inducement
7.04.080 Injured Animal
7.04.090 Poisonous Substances/Traps
7.04.100 Theatrical Exhibits
Article 111. Animal Nuisances
7.04.110 Creating a Health Hazard
7.04.120 Tampering with Traps and Equipment
7.04.130 Authority to Destroy Injured/Diseased Animal
7.04.140 Excessive Noise
Article IV. Animal Bites
7.04.010 Reporting Bites and Scratches.
Every physician or other medical practitioner who treats an person or persons for
any animal bite/scratch or any person having knowledge of an animal bite/scratch shall
within twelve (12) hours report such treatment to the Animal Services Department giving
the name, age, sex, and precise location of the bitten/scratched person or persons and
such other information as the officer or agency may require.
7.04.020 Reporting Suspected Rabies.
Any veterinarian who clinically diagnoses rabies or any person who suspects rabies
in a dog, cat or other domestic or wild animal shall immediately report the incident to the
Animal Services Department stating precisely where such animal may be found. If a
Title 7 — Animals Page 24 of 40 March, 1995
known suspected rabid animal bites or scratches a domestic animal, such incident shall
also be reported as required above.
A. Any owned dog or cat which has bitten or scratched a person shall be
observed for a period of ten (10) days from the date of the bite. The
procedure and place of observation shall be designated by the investigating
officer or responsible agency, in compliance with State Law. If the dog or
cat is not confined on the owner's premises, confinement shall be by
impoundment in the Animal Shelter, or at a veterinary hospital of the
owner's choice. Such confinement shall be at the owner's expense. Stray
dogs and cats, or those animals whose owner's cannot be located shall be
confined in the Animal Shelter for a period of ninety-six (96) hours and if
unclaimed may be destroyed and the brain of such animal immediately
submitted to a qualified laboratory for rabies examination at the victim's
expense. The owner of any dog or cat that has been reported to have
inflicted a bite on any person shall on demand produce said dog or cat for
impoundment, as prescribed in this Article. Home quarantine as defined in
Chapter 7.01 may be allowed only in those incidents where permitted by
State Law and agreed to by the Animal Services Department. Refusal to
produce said dog or cat constitutes a violation of this Section, and each day
of such refusal shall constitute a separate and individual violation.
B. Any wild, exotic or dangerous animal as defined in Chapter 7.01, and
considered "high risk" by to State Law, which has bitten or scratched a
person shall be caught and humanely killed and the brain submitted for
rabies examination. Those wild animals which are classified as "low risk"
animals shall be handled as dictated by State Laws.
Article 11. Animal Care
No owner shall fail to provide an animal in his/her care with sufficient good and
wholesome food or water, adequate shelter and protection from weather, veterinary care
when needed to prevent suffering, grooming when lack thereof would adversely affect the
health of the animal, and with humane care and treatment.
"Adequate shelter" shall be construed to mean a structure which enclosed by at
least three (3) walls or sides and a roof, which structure is located such that the animal
is protected from weather conditions.
Title 7 — Animals Page 25 of 40 March, 1995
7.04.050 Cruel Treatment.
No person shall beat, cruelly ill treat, torment, mentally abuse, overload, overwork,
or otherwise abuse an animal, or cause instigate, or permit any dog fight, cock fight, bull
fight, or other combat between animals or between animals and humans.
t. r .. •. •
No person shall abandon an animal in his custody.
7.04.070 Inducement.
No person shall give away any live animal as a prize or as an inducement to enter
any contest, game or other competition or an inducement to enter a place of business;
offer such animal as an incentive to enter into any business agreement whereby the offer
was for the purpose of attracting trade.
Any person who, as the operator of a motor vehicle, strikes a domestic animal
shall immediately report such injury or death to the animal's owner; in the event the owner
cannot be ascertained and located, such operator shall at once report the accident to the
appropriate law enforcement agency or to the local humane society.
7.04.090 Poisonous Substance/Traps.
No person shall expose any known poisonous substance, whether mixed with food
or not, so that the same shall be liable to be eaten by any domestic animal or person.
This Section is not intended to prohibit use of herbicides, insecticides, or rodent control
materials. No person shall utilize steel leg -hold traps within the Georgetown city limits.
This provision is not intended to include humane traps.
7.04.100 Theatrical Exhibits.
All Theatrical Exhibits as defined herein shall, in addition to other requirements of
this Ordinance, comply with the minimum standards of this Section. Facilities shall be
subject to inspection by an Animal Services Officer upon his/her request during
reasonable hours.
A. 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
or top,or any other animal or waste.
B. Each enclosure shall be maintained in comfortable and health temperature
level as well as adequate ventilation.
Title 7 -- Animals Page 26 of 40 March, 1995
C. 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. Any
whip or riding crop
must be
used so as to not cause injury to he animal.
D. No animal shall be caused to fight, wrestle or be physically matched against
any other animal or person.
E. No animal
shall perform or be
displayed in any
dangerous situation
presenting
the danger of physical
injury to he animal
or person.
F. The Animal Services Department must be notified of all displays or
performances, including date, time, and exact location at least forty-eight
(48) hours in advance of a display or performance.
Article III. Animal Nuisances
A. Any person who shall harbor or keep on his/her premises, or in or about a
premises under his/her control, an animal and who allows his/her premises
to become a hazard to the general health and welfare of the community, or
who shall allow his/her premises to give off obnoxious or offensive odors
due to the activity or presence of such animals, shall be guilty of a Class
"C" misdemeanor.
B. Any person who shall allow his/her animal to eliminate on public property
or the property of another and does not remove same shall be guilty of a
Class "C" misdemeanor.
7.04.120 Tampering with Traps and Equipment.
No person shall remove, alter, damage or otherwise tamper with a trap or
equipment belonging to/set out by the Animal Service Department.
7.04.130 Authority to Destroy Injured/Diseased Animal.
The Animal Services Department or authorized representative, is authorized to
destroy any injured or diseased animal, whether such animal is on public or private
property,and the recovery from such injuries or disease is in serious doubt, and after a
reasonable effort has been made to locate the owner of such animal.
Title 7 -- Animals Page 27 of 40 March, 1995
7.04.140 Excessive Noise.
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" misdemeanor, and a separate
offense shall be deeded committed upon each day during or on which such violation
occurs or continues.
Title 7 — Animals Page 28 of 40 March, 1995
Chapter 7.05
Sections.
7.05.010
Non -Registerable Dangerous Dog
7.05.020
Determination of Non -Registerable Dangerous Dog
7.05.030
Notification of Determination of a Non -Registerable Dangerous
Dog
7.05.040
Status of Dog Pending Appeal
7.05.050
Defense to Determination of a Non -Registerable Dangerous Dog
7.05.060
Disposition of a Non -Registerable Dangerous Dog
7.05.070
Registerable Dangerous Dog
7.05.080
Determination of a Registerable Dangerous Dog
7.05.090
Notification of Declaration of a Registerable Dangerous Dog
7.05.100
Status of Dog on Appeal
7.05.110
Defense to Determination of Registerable Dangerous Dog
7.05.120
Disposition of Registerable Dangerous Dog
7.05.130
Requirements for Registration and Possession of a Registered
Dangerous Dog
7.05.140
Attack by Registered Dangerous Dog
7.05.150
Appeal from Municipal Court
7.05.160
Defense to Prosecution for Violation of Registered Dangerous
Dog
7.05.170
Penalties for Violation of this Article
Article 11. Wild/Exotic/Dangerous Animals
7.05.180 Exhibitions of Wild/Exotic/Dangerous Animals Prohibited
7.05.190 Prohibited Animals
7.05.200 Restricted Animals
7.05.210 Permit Requirements for Restricted Animal Ownership
7.05.220 Violation of Permit Requirements
7.05.230 Exemptions
Article 1. Dangerous Dogs
7.05.010 Non -Registerable Dangerous Dogs.
No person shall own or harbor a non -registerable dangerous dog within the City
of Georgetown. Such an animal may be impounded as a public nuisance. If
impoundment of said non -registerable dangerous dog is being attempted away from the
Title 7 — Animals Page 29 of 40 March, 1995
premises of the owner an the impoundment cannot be made with safety, the animal may
be destroyed without notice to the owner or harborer. If an attempt is made to impound
a non -registerable dangerous dog from the premises of the owner or harborer and the
impoundment cannot be made with safety, the owner or harborer will be given twenty-four
(24) hours notice that if the animal is not surrendered to the Animal Services Department
for impoundment within said twenty-four (24) hour period, then the animal will be
destroyed wherever it is found. After this notice,the non -registerable dangerous dog may
be destroyed during an attempt to impound, if impoundment cannot be made with safety,
wherever the impoundment is attempted. Notice under this Article may be verbal or in
writing. A written notice left at the entrance to the premises where he non -registerable
dangerous dog is harbored will be considered valid notice under this Article.
7.05.020 Determination of Non -Registerable Dangerous Dog.
A dog is determined to be a non -registerable dangerous dog if:
A. A dog is automatically determined to be non -registerable if it commits acts
as defined in Chapter 7.01 of the City of Georgetown Code of Ordinances;
or,
B. The Animal Services Department may find and determine a dog to be non -
registerable if:
1. Upon receipt of an Affidavit of Complaint signed by one or more
individuals, made under oath before an individual authorized by law
to take sworn statements or made at the Animal Shelter before a
Certified Animal Control Officer, setting forth an act described in
Chapter 7.01 and set forth as follows:
a. Nature and the date of the act described in Chapter 7.01;
and,
b. The location of the event; and,
C. The name and address of the owner of the animal in
question; and,
d. The description of the animal in question.
2. The Animal Services Department investigates the complaint and may
determine that an animal is non -registerable under this Ordinance
and/or State Law,
C. The dog has been registered as, or finally determined or declared to be a
dangerous dog either in Georgetown or in another city or county in Texas
and has made an unprovoked attack on another person outside the dog's
Title 7 — Animals Page 30 of 40 March, 1995
enclosure and
causes
injury
to such person or a person assisting or
intervening on
behalf of
such
person; or,
D. The owner of a dog determined to be a registerable dangerous dog under
this Ordinance, or any previous or other Ordinance of this city or any other
city or state law, cannot or will not comply with the requirements set out in
Chapter 7.05.130 of the City of Georgetown Code of Ordinances for the
keeping of a registerable dangerous dog.
7.05.030 Notification of Determination of a Non -Registerable Dangerous Dog.
A. Within five (5) working days of determining an animal non -registerable, the
Animal Services Department will notify, by certified mail, return receipt
requested, the person owning the animal of its designation as a non -
registerable animal. In the event that certified mail, return receipt
requested, cannot be delivered, the Animal Services Department may then
give notice by ordinary mail to last known address of owner. For the
purposes of this Section, notice may be delivered by the Animal Services
Department in person to the ownerlharborer of the dog in question, provided
that notice is written.
B. If the animal is determined to be non -registerable under this Ordinance, the
owner may appeal to the Municipal Court within thirty (30) days of
notification. Failure to appeal the determination of non -registerable
dangerous dog shall result in the Animal Services Department's
determination as final.
1 • r
Pending the outcome of the appeal to Municipal Court, the animal must be
confined at the Animal Shelter or licensed veterinary facility, and the cost of which shall
be borne by the owner. If the dog in question is not in the possession of the Animal
Shelter at the time of the declaration, the owner must surrender said dog to the Animal
Services Department when ordered to do so by any Animal Services Officer or police
officer. If the owner fails to immediately surrender the dog, the Animal Services
Department shall have the right to take the dog into its possession from the premises of
the owner or elsewhere, wherever the dog may be found within the City limits. If the dog
cannot be taken into custody by the Animal Services Department, it may be taken into
custody under a search warrant for contraband issued by the Municipal Judge or other
Magistrate having jurisdiction.
Title 7 -- Animals Page 31 of 40 March, 1995
III ililillllllll
i 1 ! • • ! • • r • • ! • - • ! • •
It is
a defense to
the determination of
a dog as a non -registerable 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 animal; or,
B. If the person was teasing, tormenting, abusing, or assaulting the animal or
has, in the past, been reported to have teased, tormented, abused or
assaulted the animal; or,
C. If the person was committing or attempting to commit a crime; or,
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.
7.05.060 Disposition of a Non -Registerable Dangerous Dog,
A. If the Municipal Court upholds the determination by the Animal Services
Department, the court shall order the dog to be euthanized in a safe and
humane manner.
B. In the event the Municipal Court reverses that determination, the dog in
question shall be returned to or released to its owner provided the owner
reimburses the City for any veterinary medical treatment administered to
said dog while in the custody of the Animal Services Department.
UEUEU311L - • • - ! . • - • ! • •
This designation shall refer to a dog determined dangerous under this Article of the
City of Georgetown Code of Ordinances and in compliance with State Law and that
meets any of the following criteria:
A. Any dog which, when unprovoked, chases or approaches a person upon the
streets, sidewalks, or any public or private property in an apparent attitude
of attack such that the person reasonably believes that the animal will
cause physical injury to the person; or,
Title 7 -- Animals Page 32 of 40 March, 1995
B. Any dog that commits an unprovoked act 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 the act causes a person
to reasonably believe that the dog will attach and cause bodily injury to that
person; or,
C. Any animal that has killed or seriously injured a domestic animal without
provocation while off the owner's property.
A dog is determined to be a registerable dangerous dog if it meets the
requirements set out in Section 7.05.070 of this Article; and,
A. The owner of the dog in question knows of such an attack as defined in this
Article; or,
B. The owner is notified by the Animal Services Department that the dog is
question is a registerable dangerous dog. The Animal Services Department
may find and determine dog to be a registerable dangerous dog if:
1. Upon receipt of an Affidavit of Complaint signed by one or more
individuals, made under oath before an individual authorized by law
to take sworn statements or made at the Animal Shelter before a
Certified Animal control officer, setting forth an act described in
Section 7 of this Article and set forth as follows:
a. Nature and the date of the act described in Section 7; and,
b. The location of the event; and,
C. The name and address of the owner of the animal in
question; and,
d. The description of the animal in question.
2. The Animal Services Department has been notified by another
agency that the dog has been determined to be dangerous under the
State Law.
7.05.090 Notification of Declaration of a Registered Dangerous Dog.
A. Within five working days of determining a dog a registered dangerous dog,
if written notification cannot be given personally to the owner of the dog the
Animal Services Department will notify, by certified mail, return receipt
requested, the person owning the animal of its designation as a registerable
Title 7 -- Animals Page 33 of 40 March, 1995
dangerous dog. In the event that certified mail, return receipt requested,
cannot be delivered, the Animal Services Department may then give notice
by ordinary mail.
B. If the dog is determined to be registerable under this Ordinance, the notice
shall inform the owner of the dog he/she may appeal the determination to
Municipal Court no later than thirty (30) days after the date the owner is
notified of the determination. Failure to appeal the determination of
registerable dangerous dog within the thirty (30) day period shall result in
the Animal Services Department's determination a final.
C. Upon determination by the Animal Services Department, that the dog is
dangerous, the owners shall be required to secure the animal immediately
within an enclosure that meets the requirements of Animal Services
Department. If the owner fails to do so, Animal services shall be authorized
to impound the dog until such enclosure is provided.
D. Animal Services shall immediately notify, in writing, adjacent and contiguous
property owners of such determination.
1 1 1 • ` • • • ' • • -
Pending the outcome of the appeal, the animal must be confined at a licensed
veterinarian clinic or at the Animal Shelter, the cost of which shall be borne by the owner
of the dog in question. If the dog in question is not in the possession of the Animal
Shelter or a veterinary clinic at the time of the determination, the owner must surrender
the said dog to the Animal Services Department when ordered to do so by any Animal
Services Officer or police officer. If the owner fails to immediately surrender the dog, the
Animal Services Department shall have the right to take the dog into its possession from
the premises of the owner or elsewhere, wherever the dog may be found within the City
limits. If the dog cannot be taken into custody by the Animal Services Department, it may
be taken into custody under a search warrant for contraband issued by the Municipal
Judge or other Magistrate having jurisdiction.
7.05.110 Defense to Determination of Registerable Dangerous Dog.
Section 7.05.050, (A) through (E) of this Article shall serve as a defense to the
determination of a dog as a registerable dangerous dog and to the prosecution of the
owner of that dog.
7.05.120 Disposition of a Registerable Dangerous Dog.
A. If the Municipal Court upholds or has ever upheld under previous or other
ordinances of this City or other cities or state law, the determination by the
Animal Services Department, the owner shall, no later than ten (10) days
after the hearing comply with the provisions of this Ordinance for the
Title 7 -- Animals Page 34 of 40 March, 1995
keeping of a registered dangerous dog in Georgetown and the dog shall be
returned to the owner provided all costs involved in the impoundment,
holding and medical treatment of said dog are paid.
B. In the event the Municipal Court reverses that determination, the dog in
question shall be returned to or released to its owner provided the owner
has paid all veterinary medical cost administered to such dog while in the
custody of the Animal Services Department.
C. If the Animal Services Department has information or belief, or has
determined that a court of competent jurisdiction has ever made or upheld
a determination or declaration that a dog is dangerous, of if the Animal
Services Department has determined that a declaration or determination of
dangerous dog became final for failure to appeal or any other reason, under
previous or other Ordinances of this City or other cities or state law, the
Animal Services Department shall notify the person owning or keeping such
dog in writing that the owner shall no later than ten (10) days after the date
of the notice comply with the provisions of this Ordinance for the keeping
of a registered dangerous dog in Georgetown.
7.05.130 Requirements for Registration and Possession of a Registered
Dangerous Dog.
Owner must register the dog at the Animal Services Department, and pay the fees
as required by State law. The registration shall not be transferable and shall expire one
year from date of issuance. The Animal Services Department shall provide to the owner
of the registered dangerous dog a tag which must be placed on the dog's collar and worn
at all times.
A. The owner must comply with the following to register the dog:
1. Present proof of liability insurance of financial responsibility in the
amount of at lease one hundred thousand dollars ($100,000.00) to
cover damages resulting from an attack by the dangerous dog which
causes bodily injury to a person; and,
2. Present proof of current rabies vaccination of the registerable
dangerous dog; and,
3. Present proof that the dog has been altered so as to prevent
reproduction; and,
4. The owner must provide a proper enclosure as defined in Chapter
7.01.010 of this Ordinance and that proper enclosure must be
inspected and approved by the Animal Services Department; and,
Title 7 -- Animals Page 35 of 40 March, 1995
5. The owner shall post a sign on his/her premises warning that there
is a dangerous dog on the property. This sign shall be visible and
capable of being read from the public street or highway. In addition,
the owner shall conspicuously display a sign with a symbol warning,
understandable by small children, of the presence of a dangerous
dog; and,
6. Further identification may be required and designated by the order
of the City.
B. When the registered dangerous dog is taken outside the approved proper
enclosure, the animal must be securely muzzled in a manner that will not
cause injury to the dog nor interfere with its vision or respiration but shall
prevent it from biting a person or other animal, and the dog must be
restrained by a substantial chain or cable leash having a minimum tensile
strength of one thousand (1,000) pounds and not to exceed six (6) feet in
length; and,
C. Prior to selling or moving the registered dangerous dog either inside or
outside the City limits, the owner must notify the Animal Services
Department of his/her intentions. In the event the dog is moved
permanently outside the City limits the owner must comply with the State
Law in notifying the animal control authority in control of the area into which
the dog has been moved.
D. Anyone bringing a dog into the City limits of Georgetown that has been
declared dangerous by another animal control authority must notify the
Animal Services Department of the new address where the dog will be kept
and upon presentation of the dog's prior registration tag that has not
expired, shall pay a fee set by the City Council, and the Animal Services
Department shall issue a new tag to be placed on the dog's collar. This
owner must also comply with all requirements set out in this Ordinance.
' � 0 a - • ft . t . .
The owner of a dangerous dog shall notify the Animal Services Department of any
attacks the dog makes on people or animals.
7.05.150 Appeal from Municipal Court.
Any appeal of the decision or order of the Municipal Court of Georgetown shall be
made within twenty (20) days in the same manner as appeal from civil cases originating
in the Justice of the Peace Courts of this State. The Municipal Court shall order the
appellant to post a supersedeas bond payable to he City of Georgetown in an amount not
less than ten thousand dollars ($10,000.00). The form of the bond shall be as prescribed
Title 7 —Animals Page 36 of 40 March, 1995
in the laws pertaining to civil appeals originating in the Justice of the Peace Courts in this
State. The appellant shall be responsible for the cost of appeal.
i • •110• • • • s • -•! i. •- • �••
It is a defense to prosecution of Section 7.05.140 that the person is:
A. Veterinarian, peace officer, employee of the City of Georgetown in the
performance of his/her duties;or,
B. An employee of the institutional division of the Texas Department of
Criminal Justice of a law enforcement agency an trains or uses dogs for law
enforcement or corrections purposes; or,
C. A dog trainer or an employee of a guard dog company, while in the
performance of his/her duties, under the Private Investigators and Private
Security Agencies Act (Article 4413(29bb), Vernon's Civil Statutes).
7.05.170 Penalties for Violation of this Article.
A. It shall be a violation of this Article if the person is the owner of a registered
dangerous dog and the dog makes an unprovoked attack on another person
outside the dog's proper enclosure and causes bodily injury to the other
person whether or not the dog was on a leash and securely muzzled or
whether or not the dog escaped without fault of the owner.
B. It shall be a violation of this Article if the person is the owner of a registered
dangerous dog and that dog kills or wounds a domestic animal while
outside the dog's proper enclosure whether or not the dog was on a leash
and securely muzzled or whether or not the dog escaped without fault of
the owner.
C. It shall be a violation of this Article if the person is the owner of a registered
dangerous dog and that dog attacks a person who gains access to the
proper enclosure due to negligence on the part of the owner or the owner's
agent. This negligence shall include a failure to comply with the notification
of ownership of dangerous dog through posting of warning signs in
accordance with Section 7.05.130.
D. In addition to criminal prosecution, a person who commits an offense under
this Article is liable for a civil penalty not to exceed ten thousand dollars
($10,000.00). The City Attorney of Georgetown may file suit in a court of
competent jurisdiction to collect the penalty. Penalties collected under this
subsection shall be retained by the City.
Title 7 — Animals Page 37 of 40 March, 1995
Article 11. Wild/Exotic/Dangerous Animals
No person shall keep, or permit to be kept, on his premises any wild or dangerous
animal for display or for exhibition purposes, whether gratuitously or for a fee. This
Section shall not be construed so a to apply to a Theatrical Exhibit or circus, as defined
in Chapter 7.01,
7.05.190 Prohibited Animals.
No person may possess a venomous reptile, non -venomous reptiles` over 64eet
in length, alligators, crocodiles, elephant, rhinoceros, skunk, raccoon, fox, coyote, bat,
wolf or any hybrid of these animals or such other class of animals as may be determined
to be dangerous by Animal Services or any other dangerous animal which may be added
in the future to the list as a "high risk" animal in the Texas Rabies Control Act, as
amended.
'Exception: When non -venomous reptiles, not to exceed twelve (12) feet
in length, are kept for the purposes of wholesale breeding operations only,
they shall be kept in accordance with 7.05.210 of this chapter.
7.05.200 Restricted Animals.
No person may possess any individual species and/or subspecies of the following
animals: antelope, lions, tigers, ocelots, cougars, leopards, cheetahs, jaguars, hyenas,
bears, lesser pandas, ferrets from natural habitats, binturongs, ostriches, emu, miniature
pig, Vietnamese "pot belly" pigs, apes, or such other non-domestic species of animal not
common to this area without a permit issued through the Animal Services Department,
7.05.210 Permit Requirements for Restricted Animal Ownership.
A. The owner must apply for said permit annually at the Animal Services
Department and provide the following information and documentation:
1. A health certificate from a licensed veterinarian stating that the
animal is free from symptoms of infectious disease or is under
treatment. A new health certificate is required each time the permit
is renewed. Copy will remain with the Animal Services Department.
2. Copies of applicable state or federal permits or licenses as required
by either of those entities for the keeping of the particular animal in
question. These copies will be retained by the Animal Services
Department.
Title 7 -- Animals Page 38 of 40 March, 1995
3. Information relating to the owner including emergency telephone
numbers and telephone numbers for their veterinarian in case of
emergencies.
4. Present proof of liability insurance or financial responsibility in the
amount of one hundred thousand dollars ($100,000.00) to cover the
damages resulting from an escape and/or attack by the animal to be
permitted. Animals requiring one hundred thousand dollars
($100,000.00) of liability insurance or financial responsibility include
but will not be limited to lions, tigers, ocelots, cougars, jaguars,
pandas, ostriches, apes, emu, binturong, miniature pigs, and
Vietnamese pigs.
5. Agreed to allow reasonable access for inspection by Animal
Services.
6. Documentation of compliance with all other applicable City
ordinances, including, but not limited to Building and Planning and
Zoning.
B. Before a permit is issued the Animal Services Department shall inspect the
facility where the animal is to be kept, which must meet the following
criteria:
1. Each enclosure must provide adequate exercise area and sleeping
quarters.
2. Proper temperature control and ventilation for the particular species
must be provided in both areas.
3. Each enclosure must be kept locked and designed so that no one
can enter or place appendages in the enclosure.
4. Each enclosure must be constructed so as to prevent the animal
from escaping.
5. Each enclosure must be kept in good repair to prevent both escape
and injury to the animal.
6. Each enclosure must have a water container which is secured so as
to prevent its being overturned.
7. Each enclosure must be cleaned daily.
Title 7 -- Animals Page 39 of 40 March, 1995
C. Owners keeping permitted restricted animals as pets inside their residence
are not required to provide for the requirements of Number 1 through
Number 7 above, except there must be separate sleeping quarters. The
animal(s) must remain in the owner's home or in the prescribed enclosure,
if outdoors. If transported to the veterinarian, animal must be kept in an
escape -proof cage previously approved by the Animal Services Department,
D. Each animal must be provided with continuous clean water and must be fed
a diet approved by a licensed veterinarian.
E. Any animal which has bitten or scratched someone must be immediately
surrendered to the Animal Services Department for euthanasia and testing
by the Texas Department of Health. A live test approved by the Texas
Department of Health may be substituted for euthanasia.
F. Fee for restricted animal permit shall be set by the City Council, and the
permit shall expire one year from date of issuance and shall not be
transferable. A City License will be issued and must be worn at all times
by the animal.
7.05.220 Violation of Permit Requirements.
Failure to comply with the permit requirement shall constitute a violation of this
Article and each day of non-compliance shall constitute a separate offense.
7.05.230 Exemptions.
This Article does not apply to:
A. Zoological Park accredited by the American Association of Zoological Parks
and Aquariums.
B. Federally -licensed research institutions.
C. Any government agency or its employee who uses the animals for an
agency related to education, propagation, or behavior program.
D. Anyone holding a valid rehabilitation permit from the Texas Parks & Wildlife
Department but only for animals which are in rehabilitation and scheduled
to be released to the wild.
Title 7 — Animals Page 40 of 40 March, 1995