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HomeMy WebLinkAboutOrdinance No. 869 ORIGINAL CITY OF THE COLONY, TEXAS o iN , cz 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 CON'I~OL"; BY RENAMING THE CHAPTER "ANIMAL AND WILDLIFE PROTEC'FION DIVISION; BY AMENDING DEFINITIONS; ENFORCEMENT BY ANIMAL CONTROL; AUTHORITY TO CARRY TRANQUIIIZER GUNS; FII.ING OF COMPLAINTS; PUBLIC NUISANCES; ANIMAL PROVISIONS - GENERAl .I .Y; REDEMPTION PROCEDURE AND IMPOUNDMENT FEES; EUTHANASIA REQUIREMENTS AND FEES; ADOPTION OF ANIMALS FROM ANIMAL SHELTER 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 DOI IARS ($2000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHAH. BE DEEMED COMMrFrED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING A SEVERABIL1TY 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 rifle of Chapter 5 shall be amended to read ANIMAL AND WILDLIFE PROTECTION DIVISION. B. That all references contained in Chapter 5 to Animal Shelter Center or City Pound, or City Shelter shall be amended to ANIMAL CENTER SHELTER. SECTION 2. That Article I of Chapter 5 is hereby amended in the following particulars. Animal Control.12-94 1 H. The definition for City shall be amended to read as follows: Ci_ty - 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, parmership, trust or any other similar entity in which animals are used or provides services for commerdal purposes. J. The def'mition for Dangerous Animal shall be amended to read as follows: I~[IIIILgMI~II~ - 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 muse a person to reasonably believe that the animal will attack and cause bodily injury to that person. IC 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 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. M. The definition for Nuisance shall be amended to read as follows: "a. Impedes, hinders or harasses passersby or passing vehicles "f. Barks, whines, or howls in an excessive, continuous (15 minute) or untimely fashion." "g. Has bitten one (1) or more persons." ~ Cont~o1.~2-94 N. 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. O. A definition for Permit shall be added and shall read as follows: P~rmit - shall mean a certificate issued by the City of The Colony. P. A definition for Quarantine shall be added and shall read as follows: Ouarantine - 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. Q. 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. R. 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; FII.1NG OF COMPLAINTS A. ENFORCEMENT Animal Control.12-94 4 A representative of the Animal & Wildlife Protection Division 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. The representative of the Animal & Wildlife Protection Division shall have the authority to issue citations for any violation of this Ordinance. 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, and use stunning and tranquilizing equipment 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 Comrol Officer may inspect any premi.~es 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. IH. Section 5-4 shall be amended to read as follows: Section 5-4. ANIMAL PROVISIONS, GENERAl l.y 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 All animals inside the incorporated limits of The Colony shall be provided with shelter, water, food, veterinarian care, and sanitary conditions which meet minlmmn standards as provided by ordinance. 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 ia 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 Animal & Wildlife Protection Division. F. ANIMALS IN VEHICI.F.S Anlmals in vehicles shall be confined or tethered in a manner that prevents endangerment of the animal, persons or property. Animal 6 I. 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% rentability from two (2) composing walls, and 90% rentability 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. 2. An animal tethered shall mean: restrained in a manner that prevents endangerment to the animal, persons or property. G. INTENTIONAL EXHIltITION 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, ff 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 AJ~imal Control Officer if any animal is injured or killed by such vehicle. J. ANIMALS PROHIBITED IN ESTABLISHMENTS SEI I.ING 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. Animal Control.12-~4 7 IV. Section 5-5 shall be deleted in it's entirety, and all subsequem sections shall be numbered accordingly. SECTION 3. That Axtide li of Chapter 5 is hereby amended in the following particulars: IMPOUNDMENT, REDEMPTION, DESTRUCTION, EUTHANASIA, ADOPTION AND SAI.~ OF ANIMALS I. Section 5-5 shall be amended in the following particulars: Section5-5. AUTHORITY TO EUTHANIZE, IMPOUND OR DESTROY 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 ff 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 Animal & Wildlife Protection Division 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: $25.00 $50.00 Third and Subsequent Impoundments: $75.00 $75.00 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 an|mais, excluding the first and last day of impoundment, will be added to the above mount 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 ff 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 SHELTER AND FEES A. REQUIREMENTS FOR ADOPTION AND FEES A person who desires to adopt an animal from the Animal Shelter 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 Shelter, 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: 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 Animal & Wildlife Protection Division 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. 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 Animal ContwoL12-94 10 All animals for which rabies vaccinations are required by State Law, located within the City, four (4) months of age or over, shall be currently vaccinated for rabies, registered with the City, 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 Animal & Wildlife Protection Division. 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 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 Animal & Wildlife Protection Division 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 Aninml & Wildlife Protection Division (for a period of no less than ten (10) days). The owner shall be respomible for all expenses. III. Section 5-13 shall be amended in the following particulars: Section5-13. PROCEDURE WHEN ANIMAL HAS B1TFEN PERSON; QUARANTINE FEES. 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 conl~ned in the Animal & Wildlife Protection Division 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 impection 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 ff 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 & Wildlife Protection Division 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: ARTICI.Iq IV DOMESTIC PETS I. Section 5-14 shall be amended in the following particulars: Section 5-14. CITY REGISTRATION REQUIREMENTS REGISTRATION AND RABIES VACCINATION TAGS NOT TRANSFERABI,R, 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. C. EXEMPTIONS Animal Control,12-94 13 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 Animal & Wildlife Protection Division, 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 Animal & Wildlife Protection Division 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 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 Animal & Wildlife Protection Division 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: Animal ControL12=94 14 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 placa 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: ARTIC!.~. V LIVESTOCK I. Section 5-22 shall be amended in the following particulars: Section 5-22. PERMIT FOR KEEPING OF LIVESTOCK It shall be unlawful for an)' person to keep livestock in the C'it~ without first obtaining a permit from Animal Control Officer. Such permit shall be valid onl)' for the location which it was issued. Onl)' a person who complies with the requirements of this Article shall be entitled to receive and remln a permit. Every person who is keeper of an)' 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 )'ear per location. SEC'FION ?. That Article VI of Chapter 5 shall be amended in the following particulars: ARTICI.E VI PERMITS FOR COMMERCIAL ANIMAL ESTABLISHMENTS I. Section 5-23 shall be amended in the following particulars: Aninml Contml.12-~t 15 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 Animal & Wildlife Protection Division. This provision shall not apply to any veterinary hospital, City operated animal shelter or government operated zoological park. Each owner or operator of such establishment 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. Ail 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, ff such property is occupied, the Officer must first present proper credentials to the occupant before inspection. Inspections shall be conducted on an annual basis. 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 F¢~ 000-299 $100.00 300-2999 $200.00 3000+ $300.00 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 Thelotornls (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 Falconlforms (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,jackals, and hybrids), except domesticated dogs; Family Mnstelidae (such as weasels, skunks, black-footed ferrets, marting~ mink, and badgers); Family Procyonldae (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 Rodenfia (such as porcupines); and Order Ungulata (such as antelope, deer, bison, and camels). 4. Animals not listed: A representative of the Animal Wildlife and Protection Division may declare any species of animal not listed in this subsection as "prohibited" ff the confinement of the 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 ff 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. Anim~.l Control.12-94 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; 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 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 Animal 18 1. A commercial prohibited animal permit may be issued to a person prodding prohibited animals for a~imal 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 tmlmal 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 A~imal & Wildlife Protection Division, the permit is valid for one (1) year from the date of issuance. E. A person holding a prohibited animal permit shall notify 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: Tvp_e of permit AnmJal Fee 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 Animal Control.12-94 19 A. The Animal & Wildlife Protection Division 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 anirrlal 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 provisions 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 11. 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 ADO~PT~ED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, this ~_6%~( day of ~-c-~,~c~ ,199~ . William W. Manning, Mayor AT'rEST: ~atti A~ Hicks, TRMC City Secretary .~nim~l Control.12-94 2O [SEAL] APPROVED AS TO FORM: ~nimal Control.12-94 2!