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HomeMy WebLinkAboutORD 2020-82 - Animal OrdinanceORDINANCE NO. 20Z0 SZ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS AMENDING TITLE 7 "ANIMALS" AND CHAPTER 8.05 "INTENTIONAL FEEDING OF DEER" OF THE CODE OF ORDINANCES OF THE CITY OF GEORGETOWN RELATING TO THE REGULATION OF ANIMALS; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATION PURSUANT TO CHAPTER 1.08 OF THE CODE OF ORDINANCES; AND SETTING AN EFFECTIVE DATE. WHEREAS, the City has determined that it is necessary to update and reorganize Title 7 and Chapter 8.05 of the Code of Ordinances to make the provisions more consistent, clarify certain procedures for regulating animals, and to reflect the practical application of the Code; WHEREAS, the City regulates at large animals and imposes penalties on the owners of animals that are in violation pursuant to Section 215.026 of the Local Government Code; WHEREAS, the City may prohibit or regulate circuses, exhibitions, and menageries pursuant to Section 215.032 of the Local Government Code; WHEREAS, the City requires the registration of each dog and cat within its jurisdiction and collects fees to defray certain costs pursuant to Section 826.031 of the Health & Safety Code; WHEREAS, the City regulates the restraint and impoundment of dogs and cats and sets a fee for impoundment and boarding pursuant to Section 826.033 of the Health & Safety Code; WHEREAS, the City recognizes that bees and beekeeping are and continue to be a valuable part of our community and the City desires to adopt regulations in -line with best practices for beekeeping; WHEREAS, the City desires to update animal services related fees and add fee waivers where appropriate; 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. Ordinance No. -ZO- O 2 Descri lion: Amending Animal Ordinance Date: eaftw.-f 1, 7a2d) Page I of 11 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. Section 7.01.010 "Definitions" of Title 7 "Animals" is hereby amended to include the additional and amended definitions below: "Apiary" means a place where one or more beehives are kept. "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. For purposes of this definition, an electric fence for control of domestic animals within a residential or commercial area is not recognized as a means of confinement unless it is within another enclosure and inside such enclosure; 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 or other vehicle, or in an enclosure so as not to escape shall not be deemed at large. "Bee" means any stage of the common domestic honeybee, Apis mellifera species. "Bee colony" means a hive and related equipment and appurtenances including bees. "Flyway barrier" means a solid wall, fence, dense vegetation, or combination of these materials at least six feet high that extends at least ten feet beyond the hives on each end of the colony. "Hive" means a structure intended to house a bee colony. "Leash" means a strap, chain, or cord of no greater than 6 feet used to restrain and guide a dog or other animal. "Local Rabies Control Authority (LRCA)" means an officer designated by City Council in compliance with Title 10. Chapter 826 of the Texas Health and Safety code to, among other duties, enforce Chapter 826 and City Ordinance Chapter 7.07 that comprise minimum standards for rabies control. "Petting zoo" means a collection of farm animals or gentle exotic animals intended for people to hold, touch, and feed. "Tract" means a contiguous parcel of land under common ownership. Section 4. Subsection (A) of Section 7.02.010 "Animal Licenses" is hereby amended as follows: Ordinance No. ?_OW — O 2- Description. Amending Animal Ordinance Date: Page 2 of 11 A. All dogs and cats four months of age or older which are kept or harbored for 30 days or longer 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. Section 5. Subsection (D) of Section 7.02.020 "Kennel Permit; Requirements" is hereby amended as follows: D. The Animal Services Department shall maintain a record of all kennel permits. Section 6. Subsections (C) and (D) of Section 7.02.030 "Multi -pet Permit; Requirements" are hereby amended as follows: C. The multi -pet permit shall be valid for one year from date of issuance for the pets approved at the inspection. D. The Animal Services Department shall maintain a record of all multi -pet permits. Section 7. Subsections (B) and (D) of Section 7.02.040 "Commercial Sales Permit; requirements" are hereby amended as follows: B. Upon inspection by the Animal Services Department of the premises where the animals are to be sold and payment of required fee, the permit shall be issued if the following conditions are met: D. The Animal Services Department shall maintain a record of all commercial sales permits. Section 8. The title of Section 7.03.050 "Theatrical Exhibits" is hereby amended as follows: Sec. 7.03.050. Theatrical exhibits and petting zoos. Section 9. Subsection (A) of Section 7.03.050 "Theatrical Exhibits" is hereby amended to include the additional and amended language below: A. All theatrical exhibits and temporary petting zoos shall, in addition to other requirements of this Title, comply with the following minimum standards: 7. Transition areas shall be provided for all areas that allow direct contact between people and animals. Ordinance No. 2.C77,1D -a?-- Description: Amending Animal Ordinance Date: Page 3 of 11 i. The transition area between animal and non -animal areas shall be clearly designated. ii. Information shall be displayed regarding the prevention of infection and injury. iii. Handwashing facilities shall be provided in all exit transition areas. Section 10. Subsection (C)(2) of Section 7.04.020 "Impoundment" is hereby amended as follows: 2. The owner provides a date that is a maximum of 14 days from impoundment by which time that owner will reclaim the dog/cat and actually claims the dog/cat on or before the provided date; and Section 11. Subsections (A) and (C) of Section 7.04.050 "Subsequent Impoundments" are hereby amended as follows: 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 18 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 an unaltered animal fee. The animal shall be altered within 30 days after the release of the animal. The owner shall provide proof of the animal's alteration to the Animal Services Department within 45 days of release. If proof of alteration is provided to the Animal Services Department within 45 days of release, the unaltered animal fee shall be refunded. C. If the owner pays the unaltered animal fee at the time of redeeming the animal, alteration shall not be required. However, if an animal for which an unaltered animal fee has been paid is subsequently impounded within 18 months, the animal shall be surgically altered pursuant to Subsection A. Section 12. Subsection (A) of Section 7.04.110 "Nuisances" is hereby amended to include the additional language below: 13. Keep or allow to be kept, bees in such a manner that violates any provision of Chapter 7.08 or endangers the health, safety, and welfare of others. Section 13. Subsection (B) of Section 7.04.110 "Nuisances" is hereby amended as follows: 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 7.09 of this Title. Ordinance No. Zo 7-6 — O Z Description: Amending Animal Ordinance Date: _a c e Page 4 of 11 Section 14. Subsection (H) of Section 7.05.110 "Aggressive Dog Determination and Classification" is hereby amended as follows: H. If the owner of an impounded dog has not complied with Subsection G. within 30 days after a final determination is made that an impounded dog is aggressive, then the dog becomes the property of the City and may be humanely destroyed. Section 15. Subsections (A) and (C) of Section 7.07.030 "Quarantine Required; Methods" are hereby amended as follows: 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, V.T.C.A., Health and Safety Code Ch. 826, and Tex. Admin. Code Title 25 Section 169.27. The animal must be quarantined either at the Animal Shelter, or the LRCA or designee may allow the owner to exercise the option to quarantine the subject animal within 24 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. C. Home Quarantine. The LRCA or designee may offer the owner of the dog, cat or ferret the option 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 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 V.T.C.A., 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; Ordinance No. ZO ZO — ❑escription: Amending Animal Ordinance Date: 1�2ea Anevio Page 5 of 11 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. Section 16. Chapter 7.08 "Enforcement, Penalties, and Fees" is hereby replaced with the following: CHAPTER 7.08 BEEKEEPING Sec. 7.08.010. Apiary maintenance. A. A person shall keep a bee colony in a Langstroth-type hive with removable frames that is maintained in sound and usable condition. B. A person shall provide a source of water to a bee colony to prevent the bees from congregating at a water source used by a human, bird, or domestic pet. C. A person shall store or dispose of bee comb or other material removed from a hive in a sealed container, building, or other bee -proof enclosure. Sec. 7.08.020. Hive location. A. A person may not locate a hive within 10 feet of the property line of a tract, as measured from the nearest point of the hive to the property line. B. A person who keeps a bee colony within 25 feet of the property line of a tract, as measured from the nearest point of a hive to the property line, shall establish and maintain a flyway barrier parallel to the property line. C. A hive shall be at least 50 feet from the private residence of another. D. The owner shall provide written notice to the Animal Services Manager indicating ownership of bees and location of the hive at least 50 feet from the private residence of another. Sec. 7.08.030. Control of aggressive bee colony. A. A person shall immediately replace the queen in a bee colony that exhibits aggressive characteristics, including stinging or attempting to sting without provocation, or a disposition towards swarming. A person required to replace a queen under this subsection shall select the replacement from bee stock bred for gentleness and non -swarming characteristics. Ordinance No. Z070 — S Description: Amending Anima[ Ordinance Date: QECL&6.bQ�c Z. . 70?-, j Page 6 of 11 B. As required for swarm management, a person may maintain a nucleus bee colony for each two bee colonies allowed under this chapter. A person may house a nucleus bee colony in a structure not exceeding a standard 9-5/8-inch depth ten -frame hive body with no supers attached. A person shall dispose of or combine a nucleus bee colony with an authorized bee colony not later than the 30th day after the date the nucleus bee colony is acquired. Sec. 7.08.040. Bee colony density. A. A person shall not keep more than: 1. Two bee colonies on a tract one -quarter acre or smaller; 2. Four bee colonies on a tract larger than one -quarter acre but smaller than one-half acre; 3. Six bee colonies on a tract one-half acre or more but smaller than one acre; 4. Eight bee colonies on a tract one acre or more; B. A person may keep an unlimited number of bee colonies on a tract in which all hives are located at least 200 feet from each property line of the tract; or adjacent to vacant property for at least 200 feet from any hive. Vacant property means property that is not improved for human use or occupancy, including property used as a street or highway. Section 17. Chapter 7.08 "Enforcement, Penalties, and Fees" is hereby renumbered and amended as follows: CHAPTER 7.09 ENFORCEMENT, PENALTIES, AND FEES Sec. 7.09.010. Enforcement. A. The Animal Services Officer of the City or other designees of the City Manager shall be the enforcement officials for this Title 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; Gather, impound, or quarantine any animal found in violation of this Title; and Ordinance No. —� Z Description: Amending Animal Ordinance Date. De CA A--ioP.r gl ZQ 7-b Page 7 of 11 4. Issue citations to owners of any animal found in violation of this Title unless otherwise excepted by law. Sec. 7.09.020. Violations; penalty. Any violation of the provisions of this Title 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 Title. Each day that a violation is permitted to exist shall constitute a separate offense. Sec. 7.09.030. Animal services fees. Impoundment of altered dog or cat: Fixed Fees: First impoundment within one year and a current city license: No charge First impoundment within one year and no current city license: $50 Second impoundment within one year of previous impoundment: $60 Third impoundment within one year of first impoundment: $75 Fourth or more impoundments within one year of first impoundment: $100 Variable fees: Any veterinarian, drug, or other cost/expense incurred for the animal(s) while impounded Impoundment of unaltered dog or cat: Fixed fees: First impoundment within one year: $50 Second impoundment within one year of previous impoundment: $250 and mandatory spay/neuter (refundable upon compliance) Third impoundment within one year of first impoundment: $250 and mandatory spay/neuter (nonrefundable) Fourth or more impoundment within one year of first impoundment: $500 and mandatory spay/neuter (nonrefundable) Ordinance No. _%zQ— O Z Description; Amending Animal Ordinance Date: Dtc tA,,�n" $ , 7.-ZJ Page 8 of 11 Variable Fees: Any veterinarian, drug, or other cost/expense incurred for the animal(s) while impounded Impoundment of livestock: 1. Impoundment per head $75 and 2. Any veterinarian, drug or other cost/expense incurred for the animal(s) while impounded. Animal Shelter Fees. - Boarding fee per night: $10 Quarantine fee per night: $10 + $10 boarding Boarding livestock per night: $20 Rabies vaccination: $15 Adoption of puppies and kittens: $75 Adoption of adult dogs and cats: $70 Adoption of senior dogs and cats: $25 (or free if being adopted by a senior) Microchip: $15 Annual License Fees: Kennel permit: $250 Multiple pet permit: $100 Commercial sales permit: $500 Registered dangerous dog: $100 (annual inspection required) Sec. 7.09.040. Fee waivers. A. The Animal Services Manager or other designees of the City Manager may waive a fee assessed against an owner reclaiming an impounded animal if the owner presents a written statement of an inability to pay. Ordinance No. 7-U7 O — O Z Description: Aniending Animal Ordinance Date: .,Dpr&,yvvb9z ?;, zbzb Page 9 of 11 B. The Animal Services Manager or other designees of the City Manager may implement fee -waived adoption promotions. Section 18. Section 8.05.050 "Enforcement" of Title 8, Chapter 8.05 "Intentional Feeding of Deer" is hereby amended as follows: Sec. 8.05.050. Enforcement. A. A person may report a violation of this chapter to the Animal Services Department. B. The Animal Services Department may enforce this chapter. Section 19. 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 20. 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. Section 21. 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 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 day of November, 2020. PASSED AND APPROVED on Second Reading on the day of , 2020. ATTEST: Robyn DelYsmore, City Secretary APPROVED AS TO FORM: Sky e.WasS n, City Attorney Ordinance No. 17OZO '?i Z Description: Amending Animal Ordinance Date: n�)j� Page 10 of 11 Ordinance No. Zozo —� 2 Description. Aniending Animal Ordinance Date: f)OL f+'6" '� , -U2 F0 Page 11 of 11