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