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HomeMy WebLinkAboutOrdinance No. 517 CITY OF THE COLONY, TEXAS NO. .--/ ? AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING THE CODE OF ORDINANCES, CITY OF THE COLONY, TEXAS, BY DELETING THEREFROM, IN ITS ENTIRETY, CHAPTER 5 ENTITLED "ANIMALS AND FOWL" AND SUBSTITUTING IN LIEU THEREOF, A NEW CHAPTER 5 ENTITLED "ANIMAL CONTROL" WHICH NEW CHAPTER SHALL PROVIDE FOR: DEFINITIONS; ENFORCEMENT BY ANIMAL CONTROL; AUTHORITY TO CARRY TRANQUILIZER GUNS; FILING OF COMPLAINTS; PUBLIC NUISANCES; ANIMAL PROVISIONS GENERALLY; SPECIAL PROVISIONS CONCERNING FOWL, RABBITS, GUINEA PIGS AND BEES; AUTHORITY TO KILL, IMPOUND OR DESTROY ANIMALS; REDEMPTION PROCEDURE AND IMPOUNDMENT FEES; REQUIREMENTS FOR ADOPTION OF ANIMALS FROM CITY SHELTER AND FEES; NOTICE OF VIOLATION; IMPOUNDMENT BY PRIVATE CITIZENS; SALE OF IMPOUNDED ANIMALS; VACCINATION REQUIRED BEFORE REGISTRATION TAGS ISSUED; REPORTING OF RABIES CASES OR SUSPECTED RABID ANIMALS REQUIRED; CONFINEMENT OF ANIMALS; PROCEDURE WHEN ANIMAL HAS BITTEN PERSON; QUARANTINE FEES; OUTBREAK OF RABIES; CITY REGISTRATION REQUIREMENTS FOR DOGS AND CATS; DOGS RUNNING AT LARGE; IMPOUNDING DOGS; VICIOUS DOG PROCEDURES AND HEARING; TYING DOGS; GUARD DOGS; KEEPING OF LIVESTOCK; IMPOUNDING OF LIVESTOCK; PERMIT REQUIRED FOR OPERATION OF COMMERCIAL ANIMAL ESTABLISHMENT OR ANIMAL SHELTER; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF FIV~ HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY TEXAS: Section 1. That the Code of Ordinances, City of The Colony, Texas, is hereby amended by deleting therefrom, in its entirety, Chapter 5 entitled "Animals and Fowl" and substituting in lieu thereof a new Chapter 5 entitled "Animal Control" which shall read in its entirety as follows: CHAPTER 5 ANIMAL CONTROL ARTICLE I IN GENERAL Section 5-1. DEFINITIONS For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section. All words in the singular shall include the plural and words in the plural shall include the singular. All words in the masculine gender shall include the feminine gender and all words in the feminine shall include the masculine gender. Abandoned - shall mean animals left unattended for a period greater than ~4 hours and creating a threat to their health on private property or released with intent to desert on public property. Animal - shall include any living creature including, but not limited to, dogs, cats, cows, horses, birds, fish, mammals, reptiles, insects, fowl, and livestock, but specifically excluding human beings. Animal Control Officer - shall mean the person or persons designated by the City to represent and act for the City in the impoundment of animals, controlling of stray animals and as otherwise required in this Ordinance. Animal Shelter - shall mean any facility operated by the City of The Colony or its authorized agents for the purpose of impounding or caring for animals held under the authority of this Ordinance. At Large - shall mean an animal that is not confined to the premises of its owner by a containment device of sufficient strength and/or height to prevent the animal from escaping therefrom, inside the house or other enclosure, or secured on said premises by a leash of sufficient strength to prevent the animal from escaping from said premises, and so arranged that the animal will remain upon said premises, and so arranged that the animal will remain upon said premises when the leash is stretched to full length in any direction. An animal shall not be considered "at large" when held and controlled by some person by means of a leash or chain of proper strength and no longer than six feet (6') in length to control the action of the animal, or while confined within a vehicle. Auction - shall mean any place or facility where animals are bought, sold or traded, except for those facilities otherwise defined in this Ordinance. This definition does not apply to individual sales of animals by owners. Cats shall mean cats of all ages, both male and female. Chief of Police shall mean the head of the police department of the City. City - shall mean the City of The Colony, Texas. Commercial Animals Establishment - shall mean any pet shop, grooming shop, auction, riding school or stable, zoo, circus, kennel or other establishment in which animals are used for commercial purposes. Dangerous Animal - shall mean: a. any animal that when unprovoked inflicts bites on or attacks a human being or other animal either on public or private property or, in a vicious or terrorizing manner, approaches any person in apparent attitude of attack upon the streets, sidewalks or any public or private grounds or places; or b. any animal with a know propensity, tendency or disposition to attack unprovoked to cause injury or to otherwise endanger the safety of human beings or animals. Provided, however, that dangerous animal shall not mean an animal accused of any behavior described in this definition that occurs as a result of a trespass upon the property of the owner of the accused animal. Dogs - shall mean dogs of all ages, both male and female. Fowl - shall mean chickens, turkeys, pheasant, quail, geese, ducks, or similar feathered animals regardless of age, sex or breed. Humane Officer - shall mean any person designated by the City as a law enforcement officer who is qualified to perform duties under this Chapter. Impound shall mean to place an animal in the City animal shelter or the taking into custody of the animal for transportation to the City animal shelter. Livestock - shall mean horses, mules, donkeys, cattle, goats, sheep, and swine, regardless of age, sex or breed. Notice - shall mean written notice sent registered mail, return receipt requested, to the last known address of the addressee. Nuisance - shall mean any animal or animals which: A. Molests passersby or passing vehicles. B. Attacks other animals. C. Damages, soils, defiles, or defecates on private property other than that of its owner or on public walks, recreation areas and medians unless such waste is immediately removed and properly disposed of by the owner. D. Trespasses on school grounds. E. Is repeatedly at large (three (3) times or more). F. Barks, whines, or howls in an excessive, continuous or untimely fashion. G. Has bitten one (1) or more persons Owner shall mean any person who has legal or equitable title to any animal, or harbors or keeps any animal in his possession, or who permits any animal to remain on or about his premises. Person - shall mean any individual, corporation', association, partnership, trust or any other similar entity. Possession - shall mean actual care, custody, control or management of a certain animal. Premises - shall mean a parcel of land (one or more continuous lots) owned, leased or controlled by one or more persons. Stray - shall mean to wander upon a public place or the property of another person. Vaccination - shall mean an injection of any vaccine for rabies approved by the State Veterinarian and administered or supervised by a licensed veterinarian. Section 5-2. ENFORCEMENT BY ANIMAL CONTROL; AUTHORITY TO CARRY WEAPONS; FILING OF COMPLAINTS A. ENFORCEMENT The Animal Control Officer shall have the authority to issue citations for any violation of this Chapter. It shall be unlawful for any person upon being issued a citation to intentionally or knowingly give the Animal Control Officer false information 3 regarding his name, addresses, ownership of animals or any other pertinent information. It shall be unlawful to intentionally or knowingly fail to appear in accordance with the terms of a citation issued by the Animal Control Officer. If the person being cited is not present, when the animal control officer visits the premises the Animal Control Officer may send the citation to the alleged offender by certified mail, or registered mail, return receipt requested, whereupon service shall be deemed completed. I t shall be unlawful for any person to intentionally or knowingly interfere with the Animal Control Officer in the performance of his duties. The Animal Control Officer shall have the right Of ingress and egress on private property for the purpose of apprehending an animal at large or an abandoned animal. B. AUTHORITY TO CARRY WEAPONS When acting in the course and scope of their employment, Animal Control Officers shall be and are hereby authorized to carry on their persons or in the c~ty vehicles, loaded tranquilizer guns or other weapons approved by the Chief of Police and not in violation of any provision of the Texas Penal Code or any other applicable state law. C. FILING COMPLAINTS OF VIOLATIONS AND PENALTIES THEREFOR Any person believing any provision or provisions of this Ordinance to have been violated may file a written complaint with the Court Clerk or with the Police Department. Section 5-3. PUBLIC NUISANCES A. ANIMALS CREATING DISTURBANCES No person shall willfully or knowingly keep or harbor on his premises or elsewhere any animal of any kind that makes or creates an unreasonable disturbance of the neighbors or the occupants of adjacent premises or persons living in the vicinity thereof, or permit such animal to make or create disturbing noises by howling, barking, crowing, bawling or otherwise. A person shall be deemed to have willfully and knowingly violated terms of this subsection if such person shall have been notified by the Animal Control Officer or any police officer of such disturbance and shall have failed or refused to correct such disturbance and prevent its recurrence. B. ANIMALS EMITTING ODORS It shall be unlawful for any person to maintain any animal in such a manner that residents of adjacent or nearby property are subject to obnoxious odors, flies or vermin. All persons keeping animals shall keep their premises clean and free from obnoxious odors as well as flies, mosquitoes and other insects. 4 C. ANIMALS TRESPASSING, ATTACKING OR DAMAGING PROPERTY It shall be unlawful for any person to maintain any animal in any area which constitutes a nuisance by reason of repeated trespasses on public or private property, attacks on other animals, or damage to public or private property. D. It shall be unlawful to keep animals on premises that are unsanitary or that are otherwise in violation of any health ordinance of the City or law of the State of Texas. The Chief of Police may, by written notice to the owner or occupier of premises found to be in violation of this provision, require abatement of the conditions constituting the violation, and a separate offense shall be deemed committed upon each day during or on which a violation occurs. E. ANIMALS DEFECATING, URINATING IN PUBLIC PLACES It shall be unlawful for the owner of an animal to permit, either willfully or through failure to exercise due care or control, any such animal to urinate or defecate upon the sidewalk or parkway of any public street, or upon the floor of any common hall in any entrance way, stairway or wall immediately abutting on a public office building or any area open to or used in common by the public. For the purpose of this section, the term "parkway" shall mean the portion of a public street other than a roadway or a sidewalk. The owner of every animal shall be responsible for the removal of any excrement deposited by his animal on public walks, recreation areas or private property. Section 5-4. ANIMAL PROVISIONS, GENERALLY A. ABANDONMENT OF ANIMALS I t shall be unlawful for any person to intentionally or knowingly abandon any animal within the corporate limits of the City. B. CONFINEMENT OF ANIMALS I t shall be unlawful for any person to intentionally or knowingly confine or allow to be confined any animal in a motor vehicle or trailer under such conditions or for such a period of time as may endanger the health or well being of the animal due to heat, lack of food or water or any other circumstance which may cause suffering, disability or death of the animal. C. INSPECTION OF PREMISE WHERE ANIMALS ARE KEPT Upon receipt of a complaint, the Animal Control Officer may inspect any premises where animals are kept or maintained, at any reasonable hour of the day, in the presence of the owner. D. CRUELTY TO ANIMALS - GENERAL No person shall overdrive, overload, drive when overloaded, overwork, torture, cruelly beat, mutilate, or needlessly kill, or carry or 5 transport in any vehicle or other conveyance in a cruel and inhumane manner, any animal; or cause any of these acts to be done. No person shall set any type of trap for an animal other than live cage traps approved by the Chief of Police. No person except a licensed veterinarian shall crop a dog's ears. No person shall permit combat between animals or between animals and humans. No person shall work a sick or crippled animal. F. POISONING OF ANIMALS PROHIBITED No person shall place any substance which has in any manner been treated with any poisonous substance in a place accessible to birds, dogs', cats or other animals with the intent to kill or harm such animals. G. FIGHT UPON EXHIBITION No person shall maintain any place where fowls or any animals are suffered to fight upon exhibition, or for sport upon wager. H. FOOD, SHELTER, VETERINARY CARE; SANITARY FACILITIES No person shall fail to provide any animal in his charge or custody with sustenance, drink, protection from the elements, and veterinary care to prevent suffering. All facilities in which animals are confined shall be maintained in a sanitary condition. Animal control officers are authorized to enter private property for the purpose of impounding abandoned animals. I. INDECENT EXHIBITION OF ANIMALS No person shall exhibit any stud horse or bull or other animal indecently, nor shall any person let any male animal to any female animal unless the same be done in someplace wholly enclosed and out of public view. J. DISPOSITION OF NURSING BABY ANIMALS Any nursing baby animal impounded without the mother, or where the mother cannot or refuses to provide nutritious milk, may be immediately euthanized to prevent further suffering. K. DISPOSAL OF DEAD ANIMALS It shall be the responsibility of the owners of livestock to properly dispose of all dead animals within a twenty-four (24) hours period. It shall be the responsibility of the owner or property owner to dispose of dead dogs, cats, etc. on his property or owned by him within twelve (12) hours. Animal Control Officers shall have the authority to pick-up any dead animal found on public property and dispose of it and assist a citizen 6 with same, if requested for a pick up fee. After twenty-four (24) hours, the City may enter private property and remove any dead animal which the property owner has failed to dispose of and the owner shall pay a pick up fee. L. REPORTS TO POLICE It shall be the responsibility of a person operating a motor vehicle to notify the police department or animal control officer if any dog, cat or other domestic animal or pet is injured or killed by such vehicle. M. ANIMALS PROHIBITED IN ESTABLISHMENTS SELLING FOOD It shall be unlawful for any person to allow any animal, other than a registered seeing-eye dog, to enter or remain inside any establishment in the City where food is sold. N. ANIMALS IN PUBLIC PLACES It shall be unlawful to tie an animal on any public property or on any private property such that the animal can roam within ten feet of any public property. Section 5-5. SPECIAL PROVISIONS CONCERNING FOWL, RABBITS, GUINEA PIGS AND BEES A. KEEPING OF FOWL, RABBITS AND GUINEA PIGS Fowl, rabbits and guinea pigs must be kept in a secure pen or enclosure. Any enclosure in which fowl, rabbits, or guinea pigs are kept must be cleaned and disinfected daily. Litter and droppings from such fowl, rabbits and guinea pigs must be collected daily and hauled away. No more than a total number of six (6) fowl, rabbits and guinea pigs shall be kept in a residential area. Fowl, rabbits and guinea pigs kept for commercial purposes may not be kept in open pens on the ground, but only in batteries or coops off the ground. B. KEEPING OF BEES It shall be unlawful to keep bees in such a manner as to deny the reasonable use and enjoyment of adjacent property or endanger the personal health and welfare of the inhabitants of the City. C. SALE OF BABY FOWL, DUCKS It shall be unlawful for any person to sell or offer for sale, lease, rent or in any way transfer, barter or give away baby fowl or ducklings as pets or novelties, whether dyed or not dyed, colored or otherwise artificially treated; provided, however, the Section shall not be construed to prohibit the display or sale of natural chicks or ducklings in proper breeding facilities for hatcheries or stores engaged in business of selling the same to be raised for legitimate commercial purposes. In this section, "legitimate commercial purposes" shall mean the selling or offering for sale of baby chicks, 7 ducklings or other fowl in quantities of not less than twelve (12). ARTICLE II IMPOUNDMENT, REDEMPTION, DESTRUCTION, EUTHANASIA, ADOPTION AND SALE OF ANIMALS Section 5-6. AUTHORITY TO KILL, IMPOUND OR DESTROY ANIMALS In addition to other authority granted to the Animal Control Officer, the Animal Control Officer or any Peace Officer, shall have authority to do the following: A. kill an animal which poses an imminent danger to a person, property or other animal and a real or apparent necessity exists for the destruction of the animal; B. impound an animal which is diseased and endangers the health and welfare of another animal or person; C. destroy an impounded animal if the Animal Control Officer determines that recovery of the animal is doubtful due to injury or disease; D. ~mpound an animal running at large or creating a public nuisance; and E. impound an animal not being cared for in compliance with this Chapter. Section 5-7. REDEMPTION PROCEDURE AND IMPOUNDMENT FEES A. NOTIFICATION OF OWNER The Animal Control Officer shall make a reasonable effort to notify the owner of an animal that has been impounded. B. RIGHT TO REDEEM IMPOUNDED ANIMAL The owner shall have the right to redeem an impounded animal upon payment of the required fees, provided that the animal is not suspected of being infected with rabies, infestations and other contagious disease. Fees may be waived by the Chief of Police in cases involving financial hardship for the owner. The owner of an impounded animal that has been sold or adopted wishing to redeem such animal may be given the name of the purchaser or adopter if requested within 30 days of sale or adoption and any determination or agreement concerning the animal shall be solely between the two parties involved. C. IMPOUNDMENT FEES 1. FEES AND CHARGES FOR VACCINATED ANIMALS The owner of an impounded animal shall pay the following fees in order to redeem such animal: First Impoundment: $15.00 8 Second Impoundment: $30.00 Third and Subsequent Impoundments: $60.00 In addition thereto, a care and handling charge of $3.00 per day, excluding the first and last day of impoundment, will be added to the above amount before redemption of the animal, as well as the actual cost of publishing any notice concerning the animal. 2. FEES AND CHARGES FOR NON-VACCINATED ANIMALS Any person claiming an animal that has not been vaccinated for rabies within the last year shall pay the impoundment fee and before releasing the animal, the owner shall sign a form promising in writing that the animal will be vaccinated for rabies immediately upon release from the shelter. Should such a statement be signed and the animal be impounded again, and the animal not have been vaccinated as promised, the impoundment fee shall be $100.00 plus $8.00 per day, excluding the first and last day of impoundment. Upon each subsequent impoundment of an animal not vaccinated, a fee of $150.00 plus $10.00 per day, excluding the first and last day of impoundment, shall be assessed. D. UNCLAIMED ANIMALS Any impounded animal not claimed within 72 hours shall become the property of the City, and the City shall dispose of such animal by adoption or humane euthanization. Such disposal does not relieve the owner of the animal of liability for violations and accrued charges. Section 5-8. EUTHANASIA REQUIREMENTS AND FEES If the lawful owner of an animal requests euthanasia, the owner must first sign the required forms. A minimum fee of $15.00 shall be assessed. Section 5-9. REQUIREMENTS FOR ADOPTION OF ANIMALS FROM CITY SHELTER AND FEES A. REQUIREMENTS FOR ADOPTION AND FEES A person who desires to adopt an animal from the City shelter shall: 1. Pay an adoption fee of $5.00; and 2. Have the animal vaccinated for rabies and licensed with the city within five (5) days after adoption. If the animal ~s adopted by a non-resident, registration is not required. B. DETERMINATION OF HEALTH OF ANIMALS FOR ADOPTION The Animal Control Officer shall make the final determination whether a dog or cat is healthy enough for adoption. However, such a decision by the Animal Control Officer to permit adoption of a 9 For these purposes "adequate" shall mean any housing, fencing, or device which the dog cannot escape from, go over, under, through or around. Evidence that a dog has escaped from a fence, enclosure or leash on two or more occasions, shall be sufficient proof that such fence, enclosure or leash is inadequate for the purposes of confining such dog and necessary changes to such fence, enclosure or leash may be ordered by the Chief of Police by written notice delivered by mail, return receipt requested, or personal service. Such notice shall state the requested changes and an adequate time period for completing the changes. Failure to complete the changes within the stated time shall constitute an offense under this chapter and a separate offense shall be deemed committed upon each day during or on which a violation occurs. Section 5-19. IMPOUNDING DOGS The Animal Control officers shall take into custody any dog found at large in the City, and shall impound the dog in the City dog pound or such other place as may be designated for purposes of impoundment. Such impounded dog shall be held for a period of 72 hours, afterwhich, if the dog has not been claimed and the proper fee paid as prescribed herein, the dog shall be adopted or disposed of. Section 5-20. DANGEROUS ANIMALS - PROCEDURES; IMPOUNDMENT; HEARING; REDEMPTION a. i. An animal Control Officer at his own instigation, or pursuant to a citizen's complaint, shall investigate all animals suspected of being dangerous. Such investigation shall include identification of the owner of the accused animal, an inspection of the animal so-accused, including the photographing of the animal if possible, and such other inquiry and information-gathering as deemed necessary by the Animal Control Officer conducting the investigation. The owner of an animal shall cooperate with the Animal Control Officer conducting such investigation. ii. The Animal Control Officer shall attempt, on two different days, to investigate a dangerous animal complaint, and shall attempt to obtain the cooperation of the owner of an animal in making an investigation. If such attempts are unsuccessful, the Animal Control Officer shall send notice to the owner of the animal stating: 1. that the owner has an affirmative duty to cooperate with the Animal Control Officer by scheduling an appointment with the Animal Control Officer to investigate the complaint; 2. that the appointment shall be set for a date not more than ten (10) days from the date of notice; and 3. that failure to schedule or keep the appointment could result in the accused animal being declared a dangerous animal. 14 older unless such animal is currently registered with the City. A current, non-transferable metal registration tag, issued by the City, must be affixed to a collar or harness worn by the animal at all times. The owner of any dog, cat, puppy or kitten shall present a license receipt, certificate of vaccination or exemption certificate for such animal upon the demand of an Animal Control or Police Officer. C. APPLICATION PROCEDURES; FEES Application for initial issuance or renewal of each registration must be made by the owner, in writing or in person and be accompanied by a fee of Three Dollars ($3.00). If the original current registration is lost or destroyed, the owner may obtain a duplicate by paying a fee of One Dollar ($1.00). The registration fee of Three Dollars ($3.00) shall be waived for pet owners 65 years of age or older. D. REGISTRATION RENEWAL; TRANSFER CHARGES THEREFORE Registration certificates shall be renewed annually. If there is a change in ownership, the new owner shall have the registration transferred to his name within ten (10) days. There shall be no charge for the transfer. E. UNAUTHORIZED USE OF REGISTRATION TAG Unauthorized use of a registration tag shall result in the automatic revocation of the registration issued to the person making such unauthorized use. F. EXEMPTIONS The provision of this section requiring the registration of dogs and cats shall not apply to the following: a. dogs or cats brought into the City exclusively for the purpose of entering them in any show or exhibition, and which are actually entered in and kept at such show or exhibition; b. dogs duly and properly trained to aid or assist blind persons when such dogs are actually being used for that purpose; c. dogs or cats kept in qualified institutions, approved by the Chief of Police, for teaching or research purposes; d. governmental police trained dogs; and Section 5-18. DOGS RUNNING AT LARGE Any person owning, possessing or keeping a dog or dogs within the City, whether vaccinated or unvaccinated, licensed or unlicensed, shall confine such dog or dogs within an adequate fence or enclosure, by leash or chain affixed to the dog's collar and attached to some stationary object adequate to prevent the dog from running at large. 13 hospital for a period of ten (10) days at the expense of the owner, and such dog, cat or other animal shall during such period of confinement be subject to inspection by City personnel, or by a licensed veterinarian. If after the ten (10) day period the animal is found to be in satisfactory health, the animal shall be released to its owner or keeper upon payment of all quarantine fees. If the animal is not claimed within 15 days, the Animal Control Officer may provide for the adoption or disposal of the animal. B. EXCEPTION TO PROCEDURE If the animal in question has a valid and current vaccination, the owner shall have authority to quarantine the animal on his own property subject to inspection by city personnel anytime during the quarantine period and provided that the animal be inspected by a veterinarian at the end of the quarantine period. C. QUARANTINE FEE The owner of any animal held in quarantine for observation purposes shall be charged $3.00 per day in addition to any other actual costs of keeping the animal. This fee is in addition to any impoundment fee. Any owner not wishing to claim a quarantined animal shall pay all such costs plus a $15.00 release of ownership fee. Section 5-16. OUTBREAK OF RABIES In the event a potential outbreak of rabies is suspected and the danger to the public safety from rabid animals is reasonably imminent, the Chief of Police is hereby authorized, and it shall be his or her duty, to issue a quarantine proclamation ordering persons owning, keeping or harboring any animal to muzzle them or confine them for such time as may be specified in such quarantine proclamation. Upon the publication of such proclamation, any person keeping or harboring any animal shall restrain the animal from running at large. All animals found at large during the time specified in the quarantine proclamation, may be destroyed by the Animal Control Officer, Humane or Police Officer if the officer is unable, with reasonable effort, to apprehend such animals for impoundment. ARTICLE IV DOGS AND CATS Section 5-17. CITY REGISTRATION REQUIREMENTS A. NUMBER OF DOGS AND CATS It shall be unlawful to keep or harbor more than a total of four (4) dogs or cats four (4) months of age or older on any premises zoned for residential purposes. B. REGISTRATION REQUIRED NO owner shall have within the City limits any dog, puppy, cat or kitten four months of age or 12 vaccination used and any other information required by the Chief of Police. The veterinarian shall furnish the owner with a metal tag, which shall be stamped with the words "Vaccinated against rabies" and the date of the vaccination; this tag shall be securely attached to the collar or harness of the dog at all times. False information on a vaccination certificate shall be deemed a separate offense. C. REGISTRATION AND VACCINATION TAGS NOT TRANSFERRABLE The registration and vaccination tags issued shall apply only to the animal for which such tags are issued, and shall not be transferrable. It shall be unlawful for the owner of any dog or cat to allow such animal to have attached to ~t in any manner the metal tags issued for another animal. It shall be unlawful to counterfeit dog or cat registration or vaccination tags. In addition to the standard penalty for violation of any provisions of this Chapter, any violation of this provision shall automatically revoke, void, and terminate any registration tags issued to the person so violating the same. Section 5-14 REPORTING OF RABIES CASES OR SUSPECTED RABID ANIMAL REQUIRED; CONFINEMENT OF ANIMALS A. REPORTING OF RABIES REQUIRED It shall be the duty of the owner of an animal and of a veterinarian to report to the Animal Control Officer all cases of rabies or suspected rabies of which any of such persons have knowledge. Such report shall be made within twenty-four (24) hours of discovery, to the police department and shall include the location of the diseased animal and the name and address of the owner. B. CONFINEMENT Any animal or animals having rabies or symptoms thereof or suspected by an Animal Control or Humane Officer or any other person, of having rabies, or which has been exposed to rabies, shall be immediately released by its owner to the City for confinement and quarantined in a veterinary hospital approved by the City, or in the City pound (for a period of no less than ten (10) days). The owner shall be responsible for all expenses. Section 5-15. PROCEDURE WHEN ANIMAL HAS BITTEN PERSON; QUARANTINE FEES A. PROCEDURE When any dog, cat or other animal has bitten, scratched or otherwise attacked a person, that person or anyone having knowledge of such incident shall immediately notify the City of the incident. It shall be the responsibility of the owner of such dog, cat or other animal to have the animal confined in the City pound or at a veterinary 11 particular dog, cat or other animal, shall not constitute a warranty, expressed or implied, of the health or age of the animal. Section 5-10. NOTICE OF VIOLATION In addition to, or in lieu of impounding an animal found at large, an Animal Control or Police Officer may issue a notice of violation to the owner of such animal. Section 5-11. CONFINEMENT BY PRIVATE CITIZENS Private citizens may confine animals found on their property provided that they notify an Animal Control Officer or police department of their action. In confining such animal, a citizen may not use force likely to hurt or kill the animal. Confined animals may be released to the city free of charge provided the animal is released within seven (7) days of confinement. After seven (7) days, a pick up fee shall be assessed. Section 5-12. SALE OF IMPOUNDED ANIMALS The Animal Control Officer may sell impounded animals at public auction for cash, after giving three (3) days public not~ce of the time, terms and place of sale, describing the animals impounded and stating that the same will be sold to defray costs if not reclaimed and costs incurred before the date of sale. Public notice, for the purpose of this section, shall mean posting the notice at the city hall or place designated for posting such notices, and giving a copy of the notice to the newspaper designated the official City newspaper. If not reclaimed by the sale day, the Animal Control Officer shall, between the hours of 10:00 a.m. and 4:00 p.m. on such day, sell the animal at public auction to the highest bidder. ARTICLE III RABIES CONTROL Section 5-13. VACCINATION REQUIRED BEFORE REGISTRATION TAGS ISSUED A. VACCINATIONS REQUIRED All dogs and cats within the City four (4) months of age or over shall be registered with the City and vaccinated and the registration fees paid. Before the registration tags shall be issued, the owner of the dog or cat must present a certificate from a licensed veterinarian showing that the dog or cat has been vaccinated within the preceding twelve (12) months by the rabies vaccine "One Injection" method, or by any other method approved by County and State regulations. B. VACCINATION CERTIFICATE REQUIRED; DISPLAY OF VACCINATION A vaccination certificate shall reflect the name of the owner, the owner's address, a description of the dog or cat, the date of the vaccination, the number of the vaccination tag, the kind of 10 b. If the Animal Control Officer determines that an animal is a dangerous animal the Animal Control Officer shall: ' 1. impound the animal; and 2. provide written notice to the owner of the animal of the reasons for the determination, which notice shall be sent within three (3) working days of the determination. c. The owner of an animal declared to be a dangerous animal by the Animal Control Officer may request a hearing before the Municipal Court of the C~ty to challenge such declaration. The request for such hearing must be in writing and filed with the City Secretary within ten (10) days after notice of such declaration was mailed to the owner of the animal. Failure to request a hearing within the alloted period shall constitute a final determination that an animal is a dangerous animal. d. A hearing before the Municipal Court of the City challenging the declaration that an animal is a dangerous animal shall be held within fourteen (14) days of receipt by the City Secretary of a timely filed written request for such hearing. The Municipal Court Judge shall rule, based upon a preponderance of the evidence, and such ruling shall constitute a final determination that the animal is a dangerous animal. Written copies of the ruling, signed by the judge who presided at the hearing, shall be filed with the City Secretary and the Chief of Police. e. Upon a determination that an animal is a dangerous animal, such animal shall be released from impoundment only if: 1. all fees incurred in Connection with its impoundment have been paid; and 2. the owner of the animal signs a statement promising to immediately remove the animal from the City upon its release from custody and to never bring the animal or have the animal brought back into the City at any time in the future. An animal not redeemed within seventy-two (72) hours of a final determination that the animal is a dangerous animal shall be disposed of by the City. f. A dangerous animal found within the City following its redemption from custody as provided in subsection (e) above shall be impounded and disposed of by the City. Section 5-21. TYING DOGS It shall be unlawful to tie or tether a dog to a stationary object for a period of time or in a location so a to create an unhealthy situation for the animal or a potentially dangerous situation for the animal or a potential dangerous situation for a pedestrian as determined by the Animal Control Officer. Section 5.22. GUARD DOGS 15 Every person having care, control or custody of any dog which has received guard dog training must register such dog with the Animal Control Officer. The owners of such dog must place a sufficient number of identification signs identifying the dog as a trained guard dog on the owners premises at all times. ARTICLE V LIVESTOCK Section 5-23. KEEPING OF LIVESTOCK It shall be unlawful for any person to keep livestock on premises under his control without providing adequate fences or barriers that will prevent such livestock from damaging shrubbery or other property situated on adjacent property. It shall be unlawful for any person to keep livestock on premises under his control in such a manner that such l~vestock will be located closer than two hundred feet from any person's living quarters. It shall be unlawful to keep livestock in an area where there is less than one acre per head of livestock so kept. All enclosures in which livestock are kept shall be maintained in a sanitary condition. Feed and water troughs maintained for livestock shall be free from projections by which livestock could be injured. Section 5-24. IMPOUNDING OF LIVESTOCK It shall be unlawful for any person to ride or allow any type of livestock upon any public school grounds, college grounds, public park, property or municipal grounds within the City except those designated as bridle paths or other designated riding or exhibiting areas for animals. On streets, horses shall be ridden as close as possible to the curb and in no event shall horses be allowed on highways. It shall be unlawful for any person to ride, or allow any type of livestock upon the property of another within the City except with the express consent of the owner or person in charge of such property obtained prior thereto. Section 5-25. PERMIT FOR KEEPING OF LIVESTOCK It shall be unlawful for any person to keep livestock in the City without first obtaining a permit from Animal Control. Such permit shall be valid only for the location which it was issued. Only a person who Complies with the requirements of this Article shall be entitled to receive and retain a permit. Every person who is keeper of any livestock shall make application in writing upon forms prescribed and furnished to said person for a permit to keep livestock by the Animal Control Officer. 16 ARTICLE VI PERMITS FOR COMMERCIAL ANIMAL ESTABLISHMENTS Section 5-26. PERMIT REQUIRED FOR OPERATION OF COMMERCIAL ANIMAL ESTABLISHMENT OR ANIMAL SHELTER No person shall operate a commercial animal establishment or animal shelter without first obtaining approval and a permit from the Chief of Police. This provision shall not apply to any Veterinary hospital, City operated animal shelter or government operated zoological park. Each owner or operator of any pet shop or any person engaged in the business of breeding animals who sells, gives away or in any manner causes the ownership or permanent possession of any animal, whether over four (4) months of age or not, to be transferred to any person, shall keep a written record. Such record shall state the date of transfer, new owners' name, and the address and description of the animal. All records shall be made available to a Police Officer or Animal Control Officer upon demand. All Police Officers and Animal Control Officers are authorized to inspect all commercial animal establishments for permits provided that, if such property is occupied, the Officer must first present proper credentials to the occupant before inspection. Section 2. Any person violating any of the provision of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be subject to a fine as follows: A. A fine in a sum not to exceed Five Hundred Dollars ($500.00) for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs. Section 3. If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto, or any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the City Council hereby declared it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 4. The fact that the present ordinances and regulations of the City of The Colony, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of The colony, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety, and general welfare of the public which requires that this Ordinance become effective from and after the date of its passage and it is accordingly so ordained. 17 PASSED AND ADOPTE~ ~¥ THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, this day of '~ ~I U/~ i~/' , , 198~. ---- Mayor~ Clt~) '~ ~ /~' of The Colony, Texas ATTEST: City Secretary City of The Colony, Texas [SEAL] APPROVED AS TO FORM: City Attorney, City of The Colony, Texas 18