HomeMy WebLinkAboutOrdinance No. 809 ORIGIIIAL
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 809
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AMENDING THE CODE OF ORDINANCES, CITY OF THE
COLONY, TEXAS, BY AMENDING CHAPTER 5, RELATING TO
"ANIMAL CONTROL"; BY RENAMING THE CHAPTER
"ANIMAL AND WILDLIFE PROTECTION DIVISION; BY
AMENDING DEFINITIONS; ENFORCEMENT BY ANIMAL
CONTROL; AUTHORITY TO CARRY TRANQUILIZER GUNS;
FILING OF COMPLAINTS; PUBLIC NUISANCES; ANIMAL
PROVISIONS - GENERALLY; REDEMPTION PROCEDURE AND
IMPOUNDMENT FEES; EUTHANASIA REQUIREMENTS AND
FEES; ADOPTION OF ANIMALS FROM ANIMAL CENTER AND
FEES; NOTICE OF VIOLATION; CONFINEMENT BY PRIVATE
CITIZENS; RABIES CONTROL CITY REGISTRATION
REQUIREMENTS FOR ANIMALS; ANIMALS RUNNING AT
LARGE; IMPOUNDING ANIMALS; DANGEROUS ANIMALS
PROCEDURES AND HEARING; TYING ANIMALS; GUARD
DOGS; LIVESTOCK; PERMIT FOR COMMERCIAL ANIMAL
ESTABLISHMENTS; BY ADDING ARTICLE VII, PROHIBITED
ANIMALS; PROVIDING A PENALTY NOT TO EXCEED THE
SUM OF TWO THOUSAND DOLLARS ($2000.00) FOR EACH
OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITYED 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 Chapter 5 of the Code of Ordinances, relating to Animal Control
is hereby amended in the following particulars.
A. That the title of Chapter 5 shall be amended to read ANIMAL AND
WILDLIFE PROTECTION.
B. That all references contained in Chapter 5 to Animal Shelter or City Pound,
or City Shelter shall be amended to ANIMAL CENTER.
SECTION 2. That Article I of Chapter 5 is hereby amended in the following
particulars.
ARTICLE I
IN GENERAL
Section 5-1 shall be amended by adding, amending, or deleting definitions as follows:
I. Section 5-1. DEFINITIONS
A. The definition for Abandoned shall be amended to read as follows:
Abandoned - shall mean animals left unattended and creating a threat to their own
health on private property or released with intent to desert on public or private
property.
B. A definition for adoption shall be added and shall read as follows:
Adoption - shall mean the purchase of an animal from the City of The Colony for
pet purposes.
C. The definition for Animal shall be amended to read as follows:
Animal - shall include any living creature, vertebrate/invertebrate, domestic or wild.
D. The definition for Animal Control Officer shall be amended to read as
follows:
Animal Control Officer - shall mean the person designated to represent and act for
the City to enforce this Chapter, in the impoundment of animals, controlling of stray
animals and as otherwise required by this Chapter.
E. The definition for Animal Shelter shall be amended to read as follows:
Animal Center - 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.
F. The definition for At Large shall be amended to read as follows:
At Large - shall mean an animal free of physical restraint beyond an enclosed or
fenced area. Voice/hand signal control shall not be considered restraint.
G. The definition for Auction shall be deleted.
H. The definition for City shall be amended to read as follows:
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City. - shall mean the City of The Colony, Texas, including all land and/or buildings
within the city limits and the city's extraterritorial jurisdiction.
I. The definition for Commercial Animals Establishment shall be amended to
read as follows:
Commercial Animals Establishment - shall mean any pet shop, grooming shop,
corporation, association, partnership, trust or any other similar entity in which
animals are used for commercial purposes.
J. The definition for Dangerous Animal shall be amended to read as follows:
Dangerous Animal - shall mean an animal that:
a. Makes an unprovoked attack on a person that causes bodily injury and occurs
in a place other than an enclosure in which the animal was being kept and that was
reasonably certain to prevent the animal from leaving the enclosure on it's own; or
b. Commits unprovoked acts in a place other than an enclosure in which the
animal was being kept and that was reasonably certain to prevent the animal from
leaving the enclosure on it's own and those acts cause a person to reasonably believe
that the animal will attack and cause bodily injury to that person.
K. A definition for Health Director shall be added and shall read as follows:
Health Director - shall mean the Director of Environmental Health of the City.
L. The definition for Humane Officer shall be deleted.
M. The definition for Notice shall be amended to read as follows:
Notice - shall mean written notice sent registered mail, return receipt requested, to
the last known address of the addressee, or by personal service by an Animal Control
Officer.
N. The definition for Nuisance shall be amended to read as follows:
"f. Barks, whines, or howls in an excessive, continuous (15 minute)
or untimely fashion."
O. The definition for Owner shall be amended to read as follows:
Owner - shall mean any person who has legal or equitable title to any animal,
registered or unregistered, or harbors/keeps any animal in his possession for a period
greater than seven (7) days, or who permits any animal to remain on or about his
premises.
P. A definition for Permit shall be added and shall read as follows:
Permit - shall mean a certificate issued by the City of The Colony.
Q. A definition for Quarantine shall be added and shall read as follows:
Quarantine - shall mean to detain or isolate on account of suspected contagion by
either a licensed veterinarian or the Animal Control Officer and/or comply with the
requirements of the Rabies Control Act of 1981, Article 4477-6a, V.T.C.S. as
amended.
R. A definition for Rabies Vaccination shall be added and shall read as follows:
Rabies Vaccination - shall mean a proper inoculation by a licensed veterinarian with
a rabies vaccine. The animal must have been at least three months of age at the
time of the rabies vaccination and no more than 12 months must have elapsed since
the most recent rabies vaccination date.
S. A definition for Shelter shall be added and shall read as follows:
Shelter - shall mean to provide each animal with adequate protection and/or
structure from the cold and heat, direct rays of the sun, direct effect of wind, rain or
snow and contain clean, dry bedding material if the ambient temperature is below
50°F. Additional clean, dry bedding is required when the temperature is 35°F or
lower. Structure shall provide sufficient room to allow each animal to sit, stand, lie
in a normal manner and turn about freely. Structure must be aesthetically pleasing
and maintained in a manner as not to create a public nuisance, i.e., odors, vermin,
or similar unsanitary conditions.
II. Section 5-2 shall be amended to read as follows:
Section 5-2. ENFORCEMENT BY ANIMAL CONTROL OFFICER;
AUTHORITY TO CARRY WEAPONS; FILING OF COMPLAINTS
A. ENFORCEMENT
A representative of the Environmental Health Department shall have
the right of ingress and egress on unsecured private property for the
purpose of apprehending an animal at large, or in pursuit of said
animal.
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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 in city
vehicles, tranquilizer guns not in violation of any provision of the Texas
Penal Code or any other applicable state law.
C. FILING COMPLAINTS OF VIOLATIONS, INSPECTION OF
PREMISES AND PENALTIES THEREFORE
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 Animal Wildlife and Protection Division. 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. If the owner is not present, the
Animal Control Officer will issue a notice requesting inspection of the
premises within 24 hours.
III. Section 5-4 shall be amended to read as follows:
Section 5-4. ANIMAL PROVISIONS, GENERALLY
A. ABANDONMENT OF ANIMALS
It shall be unlawful for any person to intentionally or knowingly
abandon any animal within the City.
B. CONFINEMENT OF ANIMALS
It shall be unlawful for any person to intentionally or knowingly
confine or allow to be confined any animal 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. This includes a parked vehicle.
C. CRUELTY TO ANIMALS - GENERAL
* No person shall overload, overwork, torture, cruelly beat, mutilate,
or needlessly kill, or carry/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 Animal Wildlife Protection Division
* No person except a licensed veterinarian shall crop a dog's ears.
* No person shall permit combat between animals or between animals
and humans, either as a participant or sponsor.
* No person shall work a sick or crippled animal.
D. POISONING OF ANIMALS PROHIBITED
No person shall place any poisonous substance or substance which has
in any manner been treated with any poisonous substance in a place accessible
to animals with the intent to kill or harm such animals.
E. ANIMAL IN PUBLIC PLACES
1. Any animal in a public place must either be on a leash or inside
a primary carrier and must be attended at all times.
2. Animals participating in an organized event or competition (i.e.,
field trials, shows, tracking) may be exempted by a permit issued by the
Environmental Health Director.
F. ANIMALS IN STATIONARY VEHICLES
Animals in stationary vehicles shall be confined or tethered in a manner
that prevents endangerment of the animal, persons or property.
1. An animal confined shall mean: secured in a primary carrier
constructed of materials to prevent the animal from escaping.
a. The primary carrier be large enough for the animal to sit, stand,
or lie in a normal manner, and turn about freely.
b. The primary enclosure have at least 16% ventability from two
(2) composing walls, and 90% ventability from one (1) opening and
closing door for entering and exiting of animal.
c. The primary enclosure be secured to the mode of conveyance so
to prevent accidental dislodge or carrier ejection from conveyance.
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2. An animal tethered shall mean: restrained in a manner that
prevents endangerment to the animal, persons or property.
G. INTENTIONAL EXHIBITION OF ANIMALS
No person shall intentionally exhibit any animal for mating purposes.
H. DISPOSAL OF DEAD ANIMALS
It shall be the responsibility of the owners to dispose of all dead
animals within a twenty-four (24) hour period. Animal Control
Officers shall have the authority to pick up any dead animal found on
public property, dispose of it and assist a citizen 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.
I. 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 animal
is injured or killed by such vehicle.
J. 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.
IV. Section 5-5 shall be deleted in it's entirety, and all subsequent sections shall be re-
numbered accordingly.
SECTION 3. That Article II of Chapter 5 is hereby amended in the following
particulars:
ARTICLE II
IMPOUNDMENT, REDEMPTION, DESTRUCTION, EUTHANASIA,
ADOPTION AND SALE OF ANIMALS
I. Section 5-5 shall be amended in the following particulars:
Section 5-5. AUTHORITY TO EUTHANIZE, IMPOUND OR DESTROY
ANIMALS
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A. euthanize and/or destroy 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. euthanize an impounded animal if it is certain the animal will not
recover.
C. euthanize after 72 hours of impoundment or on the opinion of a
licensed veterinarian.
D. euthanize an animal upon the request of the owner and assess a
minimum fee of $15.00.
E. impound an animal which endangers the health and welfare of another
animal or person;
II. Section 5-6 shall be amended in the following particulars:
Section 5-6. REDEMPTION PROCEDURE AND IMPOUNDMENT FEES
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, or other contagious disease, as determined by a
licensed veterinarian. Fees may be waived by the Environmental Health
Director in cases involving financial hardship for the owner. In addition, the
owner must show proof of current rabies vaccination or obtain a pre-paid
rabies injection certificate to be administered by a licensed veterinarian.
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:
Altered Unaltered
First Impoundment: $10.00 $20.00
Second Impoundment: $15.00' $50.00*
* Plus eight(8) hours of community service at the Animal Center.
Third and Subsequent
Impoundments: $75.00* $75.00*
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In addition thereto, a care and handling charge of five dollars $5.00 per day,
for altered animals, or seven dollars ($7.00) per day for unaltered animals,
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. The counting of impoundments
shall start and renew with the purchase of city registration.
2. FEES AND CHARGES FOR NON-VACCINATED ANIMALS
If any animal is impounded a second and subsequent time within one year,
the impoundment fee shall be $100.00 plus $8.00 per day, excluding the first
and last day of impoundment.
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/rescue or
humane euthanization. Such disposal does not relieve the owner of the
animal of liability for violations and accrued charges.
IlL Section 5-8 shall be amended in the following particulars:
Section 5-8. ADOPTION OF ANIMALS FROM ANIMAL CENTER AND FEES
A. REQUIREMENTS FOR ADOPTION AND FEES
A person who desires to adopt an animal from the Animal Center shall:
1. Pay an adoption fee of Twenty dollars ($20.00)
2. All adopted animals shall be altered and vaccinated for rabies
by four (4) months of age. Owner must present proof of these
procedures at the Animal Center, per adoption agreement.
B. DETERMINATION OF HEALTH OF ANIMALS FOR ADOPTION
The Animal Control Officer on duty shall make the final determination
whether an animal is healthy enough for adoption. However, such a
decision by the Animal Control Officer to permit adoption of a
particular animal, shall not constitute a warranty, expressed or implied,
of the health or age of the animal.
IV. Section 5-10 shall be amended in the following particulars:
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Section 5-10. CONFINEMENT BY PRIVATE CITIZENS
Private citizens may confine animals found on their property provided that
they notify an Animal Control Officer or the Environmental Health
aroma, a citizen may not use
Department of their action. In confining such · ' 1
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.
V. Section 5-12 relating to the sale of impounded animals shall be deleted in it's
entirety, and all subsequent sections shall be re-numbered accordingly.
SECTION 4. That Article III of Chapter 5 is hereby amended in the following
particulars:
ARTICLE III
RABIES CONTROL
I. Section 5-11 shall be amended in the following particulars:
Section 5-11. RABIES VACCINATION REQUIRED BEFORE
REGISTRATION TAGS ISSUED
A. RABIES VACCINATIONS REQUIRED
All animals for which rabies vaccinations are required by State Law,
located within the City, four (4) months of age or over, shall be
registered with the City, vaccinated for rabies and the registration fees
paid. Before the registration tags shall be issued, the owner of the
animal must present a certificate from a licensed veterinarian showing
that the animal has been vaccinated for rabies 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. RABIES VACCINATION CERTIFICATE REQUIRED; DISPLAY
OF RABIES VACCINATION
A rabies vaccination certificate shall reflect the name of the owner, the
owner's address, a description of the animal, the date of the rabies
vaccination, the number of the rabies vaccination tag, the kind of
rabies vaccination used and any other information required by the
Health Director. The veterinarian shall furnish the owner with a metal
tag, which shall be stamped with the words "Rabies" and the date of
the rabies vaccination; this tag shall be securely attached to the collar
or harness of the animal or shall be available for verification by an
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Animal Control Officer. False information on a rabies vaccination
certificate shall be deemed a separate offense.
C. REGISTRATION AND RABIES VACCINATION TAGS NOT
TRANSFERRABLE
The registration and rabies vaccination tags issued shall apply only to
the animal for which such tags are issued, and shall not be
transferrable.
It shall be unlawful to counterfeit and/or misrepresent animal
registration or rabies 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.
II. Section 5-12 shall be amended in the following particulars:
Section 5-12 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
Environmental Health department and shall include the location of the
diseased animal and the name and address of the owner.
B. CONFINEMENT
Any animal having rabies or symptoms thereof or suspected by the
Animal Control Officer, 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 Animal Center (for a period of no less than ten (10)
days). The owner shall be responsible for all expenses.
III. Section 5-13 shall be amended in the following particulars:
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Section 5-13. PROCEDURE WHEN ANIMAL HAS BITI'EN PERSON;
QUARANTINE FEES.
A. PROCEDURE
When any animal has bitten, scratched, mauled, or otherwise attacked
a person, to the extent the wound bleeds, that person or anyone having
knowledge of such incident shall immediately notify the City. It shall
be the responsibility of the owner of the animal to have the animal
confined in the Animal Center or at a veterinary hospital for a period
of ten (10) days at the expense of the owner, and such animal shall
during the period of confinement be subject to inspection by an
Animal Control Officer, 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 rabies vaccination, the
owner may be given authority to quarantine the animal on his own
property subject to inspection by an Animal Control Officer anytime
during the quarantine period. If an Animal Control Officer determines
non-compliance has occurred, approval for in-home quarantine shall
be revoked.
C. QUARANTINE FEE
The owner of any animal held in quarantine at the Animal Center for
observation purposes shall be charged current impoundment fee. Any
owner not wishing to claim a quarantined animal shall pay all such
costs plus the current release of ownership fee. In-home quarantine
shall be assessed a flat fee of $35.00. The City shall be not responsible
for any incurred costs for in-home quarantine.
IV. Section 5-16 relating to the Outbreak of Rabies shall be deleted in it's entirety, and
all subsequent sections shall be re-numbered accordingly.
SECTION 5. That Article IV of Chapter 5 shall be amended in the following
particulars:
ARTICLE IV
DOMESTIC PETS
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Section 5-14 shall be amended in the following particulars:
Section 5-14. CITY REGISTRATION REQUIREMENTS
A. REGISTRATION AND RABIES VACCINATION TAGS NOT
TRANSFERABLE.
The registration and rabies vaccination tags issued shall apply only to
the animal for which such tags are issued, and shall not be
transferable.
B. Registration fees for animals properly trained to aid or assist blind
persons when such animals are actually being used for that purpose
shall be waived.
E. EXEMPTIONS
The provision of this section requiring the registration of animals shall
not apply to the following:
a. animals 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. animals kept in qualified institutions, approved by the Health
Director, for teaching or research purposes;
c. non-resident governmental police trained animals.
II. Section 5-15 shall be amended in the following particulars:
Section 5-15. ANIMALS RUNNING AT LARGE
It shall be unlawful for any person owning, possessing or keeping an
animal within the city to allow such animal to run at large.
Evidence that an animal 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 animal and necessary
changes may be ordered by the Health Director by written notice. Such
notice shall state the requested changes and an adequate time period for
completing the changes. Failure to complete the changes within the stated
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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.
III. Section 5-16 shall be amended in the following particulars:
Section 5-16. IMPOUNDING ANIMALS
The Animal Control Officers shall take into custody any animal found at large
in the City, and shall impound the animal in the City Animal Center or such
other place as may be designated for purposes of impoundment. Such
impounded animal shall be held for a period of 72 hours, after which, if the
animal has not been claimed and the proper fee paid as prescribed herein, the
animal shall be adopted or disposed of.
IV. Section 5-18 shall be amended in the following particulars:
Section 5-18. TYING ANIMALS
It shall be unlawful to tie or tether an animal 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.
V. Section 5-19 shall be amended in the following particulars:
Section 5-19. GUARD DOGS
Every person having care, control or custody of any dog which has received
guard dog training must register such dog with the Animal and Wildlife
Protection Division. 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.
SECTION 6. That Article V of Chapter 5 shall be amended in the following
particulars:
ARTICLE V
LIVESTOCK
I. Section 5-22 shall be amended in the following particulars:
Section 5-22. PERMIT FOR KEEPING OF LIVESTOCK"
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".....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. The permit fee shall be $50.00 per year per location."
SECTION 7. That Article VI of Chapter 5 shall be amended in the following
particulars:
ARTICLE VI
PERMITS FOR COMMERCIAL ANIMAL ESTABLISHMENTS
I. Section 5-23 shall be amended in the following particulars:
Section 5-23. 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 Health Director. 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, from where the animal originated, new owners' name, and the
address and description of the animal. All records shall be made available to a
Animal Control Officer upon demand.
All 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.
II. Section 5-24 shall be amended in the following particulars:
Section 5-24. COMMERCIAL ANIMAL ESTABLISHMENT PERMIT FEES.
Annual fees for a Commercial Animal Establishment are as follows:
1.
Square Feet Annual Fee
000-299 $100.00
300-2999 $200.00
3000+ $300.00
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2. A Commercial Animal Establishment permit is nontransferable and the
permit fee is non-refundable. The permit is valid for one year from the date
of issuance.
SECTION 8. That Article VII relating to Restrictions on Pit Bull Dogs shall be
deleted in it's entirety and the following Article VII relating to Prohibited Animals shall be
added and shall read as follows:
ARTICLE VII PROHIBITED ANIMALS
Section 5-25. PROHIBITED ANIMALS
A. A prohibited animal is an animal, other than a common domestic species and
regardless of state or duration of captivity, that poses a potential physical or disease
threat to the public, or that is protected or prohibited by International, Federal, or
State regulations, and including, but not limited to the following:
1. Class Reptilia: Family Helodermatidea (venomous lizards); Family
Viperidae (rattlesnakes, copperhead snakes, cottonmouth snakes, other
pit vipers and true vipers); Family Colubridae - Dispholidus typus
(boonslang), Hydroynastes gigas (water cobra), Boiga (mangrove
snake), and Thelotornis (African twig snake) only; Order Phidia,
Family Boidae (racers, boas, water snakes, and pythons); and Order
Crocodilia (crocodiles, alligators, caimans, and gavials);
2. Class Aves: Order Falconiforms (such as hawks, eagles, vultures);
Subdivision Ratiae (such as ostriches, rheas, cassowaries, and emus);
and Order Strigiforms (such as owls);
3. Class Mammalias: Order Carnivora, Family Felidae (such as ocelots,
margays, tigers, jaguars, leopards, and cougars), except commonly
accepted domesticated cats; Family Canidae (such as wolves, dingos,
coyotes, and jackals), except domesticated dogs; Family Mustelidae
(such as weasels, skunks, black-footed ferrets, martins, mink, and
badgers); Family Procyonidae (raccoon); Family Ursidae (such as
bears); Order Marsupialia (such as kangaroos and common opossums);
Order Edentata (such as sloths, anteaters, and armadillos); Order
Proboscidea (elephants); Order Primata (such as monkeys,
chimpanzees, and gorillas); Order Rodentia (such as porcupines); and
Order Ungulata (such as antelope, deer, bison, and camels).
4. Animals not listed: The director may declare any species of animal
not listed in this subsection as "prohibited" if the confinement of the
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animal within the city can be shown to constitute a threat to public
health and safety.
B. The selling of Prohibited Animals shall be regulated as follows:
1. A person commits an offense if he knowingly sells animal which has a
disease or internal parasites for use, retention, resale, or transfer as a
pet.
2. If an animal is a primate, the seller shall furnish a certificate from a
licensed veterinarian certifying that the animal was tested for
tuberculosis and is free of the disease.
3. A person commits an offense if he knowingly makes a false statement
in a certificate required under this section.
4. This section does not apply to the sale of the following animals:
Any domestic animal, Finches, Rats, Mice, Psittacine birds, Hamsters,
Gerbils, Guinea Pigs, and/or Canaries
Section 5-26. PROHIBITED ANIMAL PERMIT, PERMIT FEES
A. A person commits an offense if he owns, possesses, exhibits, sells or harbors
a prohibited animal within the city.
B. It is a defense to prosecution under Subsection (A) that the owner or
possessor:
1. holds a valid prohibited animal permit issued under this section, or
2. is a governmental entity.
C. A permit for the possession of one or more a prohibited animal at a single
location, may be issued only to:
1. a zoo open to the public;
2. a research institution;
3. an individual researcher;
4. a member of a non-profit wildlife society involved in education or research;
5. an individual currently in accordance with State and/or Federal guidelines
6. a public or private primary or secondary school;
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7. an animal exhibition, rodeo or circus, of which the animal is an integral
part;
8. a non-profit animal rehabilitation organization currently in accordance with
State and/or Federal guidelines.
Animals and conditions shall be approved by the Department of Environmental
Health in conjunction with the Animal and Wildlife Protection Division. The animal
shall be restrained from inflicting injury upon persons, property, or other animals.
Adequate provision shall be made for the care and protection of the animal.
D. Prohibited Animal Permits - Classification
1. A commercial prohibited animal permit may be issued to a person
providing prohibited animals for animal exhibitions on two or more
occasions during a twelve (12) month period. The permit is valid for
one year from the date of issuance.
2. A temporary prohibited animal permit may be issued to a person
providing prohibited animals for animal exhibitions on a one-time
basis. The permit is valid for a designated period not to exceed thirty-
one (31) days.
3. A non-commercial prohibited animal permit may be issued to a
research institution, an individual researcher, or a member of a non-
profit wildlife society involved in education or research. The permit
is valid for one (1) year from the date of issuance.
4. As deemed necessary by the Environmental Health Director, the
permit is valid for one (1) year from the date of issuance.
E. A person holding a prohibited animal permit shall notify the Environmental
Health Director or the Animal and Wildlife Protection Division in writing of any
change in the permitted location for the animal. This requirement does not apply
to the transporting of the animals:
a. in or out of the city,
b. to or from a veterinary clinic.
F. The fees for a prohibited animal permit are as follows:
Type of permit Annual Fee
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1. Commercial $200.00
2. Temporary 50.00
3. Non-commercial 50.00
4. Special Use 0.00
G. A prohibited animal permit is non-transferrable and the permit fee is non-
refundable.
Section 5-28. REVOCATION OF PERMIT
A. The Environmental Health Director shall revoke a permit to own, possess,
exhibit, or harbor a prohibited animal within the city if the permit holder fails to:
1. Properly restrain the animal
2. Adequately care for or protect the animal
3. Meet all requirements specified on the prohibited animal permit
SECTION 9. 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 in
a sum not to exceed Two Thousand Dollars ($2000.00) for each offense and a separate
offense shall be deemed committed upon each day during or on which a violation occurs.
SECTION 10. 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 l l. 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
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, this 7th day of June , 1993.
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William W. Manning, Mayor
ATI'EST:
Patti A. Hicks,CMC/AAE
City Secretary
[SEAL]
APPROVED AS TO FORM:
City Attorney
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