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HomeMy WebLinkAboutOrdinance No. 06-1691 THE CITY OF THE COLONY, TEXAS ORDINANCE NO. 06- I La?! I AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING OF THE CODE OF ORDINANCES, CHAPTER 5, ANIMAL CONTROL, BY REPEALING IN ITS ENTIRETY AND REPLACING WITH A NEW CHAPTER 5, SECTIONS 5-1 THROUGH 5-28, TO PROVIDE NEW REGULATIONS FOR ANIMAL CONTROL; PROVIDING FOR DEFINITIONS; PROVIDING FOR ENFORCEMENT BY ANIMAL CONTROL OFFICERS AND FILING OF COMPLAINTS; PROVIDING FOR PUBLIC NUISANCES; PROVIDING ANIMAL PROVISION GENERALLY; PROVIDING FOR THE AUTHORITY TO EUTHANIZE, IMPOUND OR DESTROY; PROVIDING FOR REDEMPTION PROCEDURES AND IMPOUNDMENT FEES; PROVIDING EUTHANASIA REQUIREMENTS AND FEES; PROVIDING REQUIREMENTS FOR ADOPTION OF ANIMALS FROM CITY SHELTER AND FEES; PROVIDING FOR NOTICE OF VIOLATIONS / CITATIONS; PROVIDING FOR CONFINEMENT BY PRIVATE CITIZENS; PROVIDING FOR SALE OF ANIMALS; PROVIDING REQUIREMENTS FOR RABIES VACCINATIONS BEFORE ISSUANCE OF REGISTRATION TAGS; PROVIDING FOR THE REPORTING OF POSSIBLE RABIES CASES, ANIMAL BITES OR SCRATCHES TO HUMANS OR SUSPECTED RABID ANIMAL AND CONFINEMENT OF ANIMAL; PROVIDING FOR PROCEDURES WHEN ANIMAL HAS BITTEN AND QUARANTINE FEES; PROVIDING FOR LIMITATIONS ON NUMBER OF DOGS AND CATS; PROVIDING FOR ANIMALS RUNNING AT LARGE; PROVIDING FOR IMPOUNDING ANIMALS; PROVIDING FOR DANGEROUS ANIMALS, PROCEDURE, IMPOUNDMENT, HEARING AND REDEMPTION; PROVIDING FOR TYING ANIMALS; PROVIDING FOR GUARD DOGS; PROVIDING FOR THE KEEPING OF LIVESTOCK, FOWL AND RABBITS; PROVIDING PROHIBITIONS OF LIVESTOCK AND FOWL IN CERTAIN PLACES; PROVIDING PERMIT REQUIREMENT FOR KEEPING OF LIVESTOCK; PROVIDING DEFINITIONS AND SCOPE OF PROHIBITED ANIMALS; PROVIDING FOR PERMITS AND PERMIT FEES FOR PROHIBITED ANIMALS; PROVIDING FOR THE REVOCATION OF PERMITS; PROVIDING FOR FEES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS (2,000) FOR EACH AND EVERY OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the regulating of animals within the City is necessary in order to protect the health, safety and welfare of humans and other animals; and Page 1 70448 WHEREAS, Chapter 5 of the Code of Ordinances provides for such regulations; and WHEREAS, after review of Chapter 5, staff is of the opinion that said regulations should be updated and amended; and WHEREAS, the City Council has discussed and considered such reVISIOns and has determined that it is in the best interest ofthe City to repeal the current Chapter 5 and replace with a new Chapter 5 to regulate animals within the City in accordance with State law. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the Code of Ordinances of the City of The Colony, Texas be, and the same is, hereby amended by amending Chapter 5, Animal Control, by repealing in its entirety and replacing with a new Chapter 5, Sections 5-1 through 5-28, to provide new regulations for animal control, which shall read as follows: Sec. 5-1. Sec. 5-2. Sec. 5-3. Sec. 5-4. "Chapter 5 ANIMAL CONTROL Article I. In General Definitions. Enforcement by animal control officers; filing of complaints. Public nuisances. Animal provisions generally. Article II. Impoundment, Redemption, Destruction, Euthanasia, Adoption and Sale of Animals Sec. 5-5. Sec. 5-6. Sec. 5-7. Sec. 5-8. Sec. 5-9. Sec. 5-10. Sec. 5-11. Sec. 5-12. Sec. 5-13. Authority to euthanize, impound or destroy animals. Redemption procedure and impoundment fees. Euthanasia requirements and fees. Requirements for adoption of animals from city shelter and fees. Notice of violation. Confinement by private citizens. Sale of Animals. Article III. Rabies Control Rabies vaccination required before registration tags issued. Reporting of rabies cases or suspected rabid animal required; confinement of animals. Page 2 70448 Sec. 5-14. Sec. 5-15. Sec. 5-16. Sec. 5-17. Sec. 5-18. Sec. 5-19. Sec. 5-20. Sec. 5-21. Sec. 5-22. Sec. 5-23. Procedure when animal has bitten person; quarantine fees. Article IV. Domestic Pets Limitation on number of dogs and cats. Animals running at large. Impounding animals. Dangerous animals; procedures; impoundment; hearing; redemption. Tying animals. Guard dogs. Article V. Livestock, Fowl and Rabbits Keeping of livestock. Livestock not allowed in certain places. Permit for keeping of livestock. Article VI. Reserved Sec. 5-24. Reserved. Sec. 5-25. Sec. 5-26. Sec. 5-27. Article VII. Prohibited Animals Prohibited animals. Prohibited animal permit, permit fees. Revocation of permit. ARTICLE VIII. FEES Sec. 5-28. Fees. Page 3 70448 ARTICLE I. IN GENERAL Sec. 5-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meanmg: Abandoned shall mean animals left unattended for an unspecified amount of time exceeding 24 hours or creating a threat to their own health on private property or released without adequate provisions or with the intent to desert on public or private property. Adoption shall mean the purchase of an animal from the city for companion animal purposes. Animal shall include any living creature, vertebrate or invertebrate, domestic or wild, except humans. Animal confined shall mean secured m a primary carrier constructed of materials to prevent the animal from escaping. (1) The primary carrier shall be large enough for the animal to sit, stand, or lie in a normal manner, and turn about freely. (2) The primary enclosure shall have at least 16 percent ventilation from two composing walls, and 90 percent ventilation from one opening and closing door for entering and exiting of the animal. (3) The primary enclosure shall be secured to the mode of conveyance so to prevent accidental dislodge or carrier ejection from the conveyance. Animal control division shall mean the agency or representative designated by the city to perform animal control enforcement and duties. Animal control officer shall mean the person or persons 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 in this article. Animal Rescue Organization means a recognized non-profit association devoted to the purposes of retrieving, rescuing, and permanently placing stray or abandoned animals in homes. Animal rescue groups shall only qualify for this designation if they are recognized by the city as such, have received approval from the city animal control manager, the organization is subject to inspection, and the organization is in compliance with all state regulations. Page 4 70448 Animal shelter shall mean a public or private facility that keeps or legally impounds stray, homeless, abandoned, or unwanted animals. Animal tethered shall mean restrained by a leash, tether, or chain 6 feet or longer and of sufficient strength to hold the animal and prevent the trespass of any part of its body onto public or private property, walkways, or easements. Assistance animal means an animal that is specially trained or equipped to help a person with a disability and that: (1) Is used by a person with a disability who has satisfactorily completed a specific course of training in the use of the animal; and (2) Has been trained by an organization generally recognized by agencies involved in the rehabilitation of persons with disabilities as reputable and competent to provide animals with training of this type. At large shall mean an animal not physically confined within the boundaries of the owner's property, either by fencing that the animal cannot penetrate with any part of its body, go over or under, or by leash, tether or chain 6 feet or longer of sufficient strength to hold the animal, and prevent the trespass of any part of its body onto public or private property, walkways, or easements. Cat shall mean domestic or feral feline of any age, male or female 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. Commercial animal establishment shall mean any pet shop, grooming shop, corporation, association, partnership, trust or any other similar entity in which animals are used or which provides services for commercial purposes. Dangerous animal shall mean an animal that: (1) 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 (2) 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 its own and those acts cause a person to reasonably believe that the animal will attack and cause bodily injury to that person; or (3) An animal that has been involved in two (2) or more separate bites, attacks, or possible rabies exposure cases. Page 5 70448 Dog shall mean domestic or feral canine of any age, male and female. Ferret shall mean a domestic member of the Mustela Putoris Furo family of any age, male or female. Fowl shall mean chickens, turkeys, pheasant, quail, geese, ducks, or similar feathered animals regardless of age, sex or breed. 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. Litter shall mean one or more dogs or cats less than three months of age, birthed by the same mother, cat or dog. Livestock shall mean domestic equine, bovine, caprinae, 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, or by personal service by an animal control officer. Nuisance shall mean any animal or animals which: (1) Impedes, hinders or harasses passersby or passing vehicles. (2) Attacks other animals. (3) Damages, soils, defiles, or defecates on private property, parkway, other than that of its owner or on public walks, recreation areas and medians or other public property unless such waste is immediately removed and properly disposed of by the owner. (4) Trespasses on school grounds. (5) Is repeatedly at large (two times or more). (6) Barks, whines, howls, crows or bawls in an excessive, continuous (15 minutes) or untimely fashion in such a way to prevent the reasonable use and enjoyment of a property within 300 feet of the owner's property perimeter. (7) Has bitten one or more persons. Owner shall mean any person who has legal or equitable title to any animal, registered or unregistered, or who harbors or keeps any animal in his possession for a period greater than three days without filing a lost report with Animal Control, or who permits any animal to remain on or about his premises without notifying Animal Control. Page 6 70448 Parkway shall mean the portion of a public street other than the roadway or sidewalk. Permit shall mean a certificate issued by the city. Possession shall mean actual care, custody, control or management of a certain animal for any amount of time. Premises shall mean a parcel of land (one or more continuous lots), and the structures situated on that parcel, owned, leased or controlled by one or more persons. 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, HEALTH AND SAFETY CODE Ch. 826, as amended. breed. Rabbit shall mean any domestic lagomorphs of family Leporidae regardless of age, sex or Rabies vaccination shall mean a proper inoculation by a licensed veterinarian with a rabies vaccine. The owner of a dog, cat, or ferret shall have the animal vaccinated by four (4) months of age and one year after the initial vaccine. The animal must be vaccinated every year or every three (3) years thereafter, dependant on the vaccine administered. 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 be a commercially sold Igloo or a structure comprised of three (3) solid walls, a roof, and a floor, requiring clean, dry bedding material when the temperature is 350P or lower. The structure shall provide sufficient room to allow each animal to sit, stand, lie in a normal manner and turn about freely. The structure must be maintained in a manner as not to create a public nuisance, i.e., odors, vermin, or similar unsanitary conditions. Stray shall mean not physically restrained to or contained on the property of the owner or while off the property of the owner not physically controlled by means of a leash six (6) feet or less in length. Temporary basis shall mean a period of four months or less. Uninterred carcass shall mean a dead animal not properly disposed of within twenty-four (24) hours post-death. Vaccination shall mean an Injection of any vaCCIne approved by the state and administered or supervised by a licensed veterinarian. Sec. 5-2. Enforcement by animal control officers; filing of complaints. (a) Enforcement. The Animal Control Officer or an agent of the city designated to perform animal control duties shall have the right of ingress and egress on unsecured private Page 7 70448 property for the purpose of apprehending an animal observed in violation of any provision/section of this chapter, or in pursuit of said animal. The animal control officer shall have the authority to issue citations or obtain search warrants for any violation of this chapter. (b) Filing complaints of violations and penalties therefore, inspection of premises and penalties thereof Any person believing any provision or provisions of this chapter to have been violated may file a written or verbal complaint with the animal control division or municipal court clerk. Upon receipt of a complaint, the animal control officer may inspect any premises where animals are suspected of being 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. Any person refusing the allowance of this inspection is interfering with an Animal Control Investigation, and shall be charged as such. Sec. 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 residents or the occupants within three hundred (300) feet of the owner's property perimeter, or permit such animal to make or create disturbing noises by barking, whining, howling, 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 an 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 within three hundred (300) feet of the owner's property perimeter are subject to noxious odors, flies, fly larvae, vermin, or other potentially hazardous nuisances. All persons keeping animals shall keep their premises clean and free from noxious odors as well as flies, mosquitoes and other insects. (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 trespasses on public or private property, attacks on other animals, or injury to a person, or damage to public or private property. (d) Unhealthful premises; abatement. 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 animal control division manager 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 in public places. It shall be unlawful for the owner or person in control of any animal to permit, cause to permit, suffer or allow such animal to defecate upon the sidewalk, parkway, or upon the floor of any common hall in any entrance way, stairway or Page 8 70448 wall immediately abutting on a public office building or any area open to or used in common by the public. (f) Responsibility of owner. The owner of every animal shall be responsible for the immediate removal of any excrement deposited by his animal on public walks, recreation areas or private property. Further every animal owner must have on his person the tools for the removal of excreta if his animal is observed defecating while being walked or exercised. Sec. 5-4. Animal provisions generally. (a) Abandonment of animals. (1) It shall be unlawful for any person to abandon any animal within the city. (2) It shall be unlawful to neglect to reclaim a pet from the shelter within three (3) days of notification that the animal has been impounded. (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 minimum standards as provided by ordinance. It shall be unlawful for any person to 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) 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. (d) Animals in public places. (1) Any animal in a public place must either be on a leash of six (6) feet or less in length 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 control division. (3) It shall be a defense to prosecution under this subsection that a dog(s) is contained within an area within a city park which is designated as a "dog park." (e) Animals in vehicles. Animals in vehicles shall be confined or tethered III a manner that prevents endangerment of the animal, persons, or property. (f) Intentional exhibition of animals. No person shall intentionally exhibit any animal for mating purposes. Page 9 70448 (g) Disposal of dead animals. It shall be the responsibility of the owner to dispose of all dead animals after expiration in accordance with local health, safety and environmental codes. Any dead animal not properly disposed of within twenty-four (24) hours post-death shall be deemed an uninterred carcass. Animal control officers shall have the authority to pick up any dead animal found on public property and dispose of it. A citizen may be assisted with same for an owned animal if requested for a pickup fee. After 24 hours, the city may enter private property and remove any uninterred carcass which the property owner has failed to dispose of and the owner shall pay a pickup fee or be cited for uninterred carcass. (h) Reports to police. It shall be the responsibility of a person operating a motor vehicle to notify the police department or animal control if any animal is injured or killed by such vehicle. (i) Animals prohibited in establishments selling food. It shall be unlawful for any person to allow any animal, other than a dog that is an assistance animal, to enter or remain inside any establishment in the city where food is served or sold. ARTICLE II. IMPOUNDMENT, REDEMPTION, DESTRUCTION, EUTHANASIA, ADOPTION AND SALE OF ANIMALS Sec. 5-5. Authority to euthanize, impound or destroy animals. In addition to other authority granted to the animal control officer or any peace officer, such officer shall have authority to do the following: (1) 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; (2) Euthanize an impounded animal if it is reasonably certain the animal will not recover, the animal is in evident pain, or the animal demonstrates symptoms of a communicable disease as determined by a licensed veterinarian. (3) Euthanize after three (3) days of impoundment or on the opinion of a licensed veterinarian; ( 4) Euthanize an animal upon the request of the owner and assess a fee as set forth in the fee schedule as established by resolution of the City Council. (5) Impound an animal which endangers the health and welfare of itself, another animal, or person. Page 10 70448 Sec. 5-6. 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 or other contagious disease, has not bitten or scratched a person in the past ten (10) days, isn't deemed a dangerous animal, and isn't a prohibited animal. Fees may be waived by the animal control division in cases involving financial hardship for the owner. In addition, the owner must show proof of current rabies vaccination or obtain a prepaid rabies injection receipt and have the vaccine administered by a licensed veterinarian within three (3) days of reclaiming. Proof of such must be provided to the animal shelter within seven (7) days of the deadline for vaccination set forth in the contract. (c) Unclaimed animals. Any impounded animal not claimed within three (3) days shall become the property of the city and will be disposed of by the city's representative or agent by adoption, rescue organization, or humane euthanasia. Such disposal does not relieve the owner of the animal of liability for violations and accrued charges. Sec. 5-7. Euthanasia requirements and fees. If the lawful owner of an animal requests euthanasia, the owner must first sign the required forms and attest that the animal has not bitten or scratched any person in the last ten (10) days prior to the date of the request. No person other than a licensed veterinarian and/or city staff may be present during the euthanasia of an animal. Sec. 5-8. 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 animal shelter shall: (1) Pay a clinic that employs a licensed veterinarian for a spay/neuter, rabies vaccine, and microchip or tattoo in advance of adoption. (2) Pay an adoption fee as established by resolution of the City Council; and (3) All adopted animals shall be spayed / neutered and vaccinated for rabies by four months of age. The owner must present proof of these procedures to the animal shelter within seven (7) days of the deadline for the procedures set forth in the adoption contract. (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 Page 11 70448 shall not constitute a warranty, expressed or implied, of the health, certainty of breed, age, or temperament of the animal. Sec. 5-9. Notice of violation/citation. In addition to, or in lieu of impounding an animal found in violation of any provisional section of this chapter, an animal control or police officer may issue a notice of violation or citation to the owner of such animal for violations of this chapter. Sec. 5-10. Confinement by private citizens. Private citizens may confine animals found on their property provided that they notify the animal control 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 three (3) days of confinement. After three (3) days, a pickup fee shall be assessed. Sec. 5-11. Sale of Animals. (a) It shall be unlawful for any person to sell or display for sale any animal on any parkway, parking lot, sidewalk, roadside, city park or easement. (b) Exemption. Any person who is acting as an officer, employee, or volunteer for an approved animal rescue organization or municipal animal shelter is exempt from this section, and is subject to inspections at the discretion of an animal control officer. ARTICLE III. RABIES CONTROL Sec. 5-12. 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, shall be currently vaccinated for rabies. (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, vaccine serial number and any other information required by the animal control division or the State Department of Health Services. The veterinarian shall furnish the owner with a metal tag, which displays enough information to reasonably trace the tag to all rabies vaccination information and owner information; 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 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. Page 12 70448 (d) Counterfeit registration; tags. It shall be unlawful to counterfeit and/or misrepresent animal registration or rabies vaccination tags. Sec. 5-13. Reporting of possible rabies cases, animal bites or scratches to a human, 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 division all cases of possible rabies, animal bites or scratches to a human, or suspected rabies of which any of such persons have knowledge. Such report shall be made immediately upon discovery to the animal control division, and shall include the location of the suspected animal and the name and address of the owner and victim. (b) Confinement. Any animal that has bitten or scratched a human, having rabies or symptoms thereof or suspected by an 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 at the city animal shelter, in a veterinary hospital approved by the city, or in any other state-approved quarantine facility in the city (for a period of no less than ten days from the date of the exposure). The owner shall be responsible for all expenses, payable prior to the release of the animal to the owner. Sec. 5-14. Procedure when animal has bitten person; quarantine fees. (a) Procedure. When any animal has bitten, scratched, mauled or otherwise attacked a person to the extent the skin tissue is penetrated or tom, 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 the animal to have the animal confined in the city animal control shelter or at a veterinary hospital approved by the city for a period of not less than ten days from the date of the exposure at the expense of the owner, and such animal shall, during such period of confinement, be subject to inspection by an animal control officer, or by a licensed veterinarian at any time. If after the ten-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 associated fees. If the animal is not claimed within three (3) days, the animal control officer may provide for the disposal of the animal. (b) Exception to procedure. If the animal in question has a valid and current rabies vaccination, is the only animal in the household, and wasn't in violation of any provisional section of this chapter of city ordinance at the time of the exposure, the owner may be given the authority to quarantine the animal within his own home subject to inspection by an animal control officer at any time during the quarantine period. If an animal control officer determines noncompliance has occurred, approval for in-home quarantine shall be revoked and the animal shall be removed from the home and isolated at the city animal shelter immediately. (c) Quarantine fee. The owner is responsible for all associated fees, and any owner not wishing to claim a quarantined animal shall pay all associated costs plus the current release of ownership and euthanasia fees. Page 13 70448 ARTICLE IV. DOMESTIC PETS Sec. 5-15. Limitation on number of dogs and cats. (a) Anima/limitations. It shall be unlawful for any person to keep or harbor more than six (6) adult dogs, six (6) adult cats, or six (6) adult ferrets, or any combination thereof, in any residential district. A person shall be permitted to keep only one litter of dogs or cats per residence. (b) Exemption. Any person who is an officer, employee, or volunteer for an approved animal rescue organization or municipal animal shelter is exempt from the animal limitations in subsection (a) of this section, provided, however, that such person may only harbor over six (6) animals on a temporary basis, and is subject to inspections at the discretion of an animal control officer. Sec. 5-16. 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 control 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. Sec. 5-17. 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 shelter or such other place as may be designated for purposes of impoundment by the animal control division manager. Such impounded animal shall be held for a period of three (3) days, after which, if the animal has not been claimed by the owner and the proper fee paid as prescribed herein, the animal shall be subject to adoption, transfer to an animal rescue organization, or euthanasia. Sec. 5-18. Dangerous animals; procedures; impoundment; hearing; redemption. (a) (1) 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 assessment of the animal so accused, including the photographing of the animal if possible, and such other inquiry and information gathering as deemed necessary Page 14 70448 by the animal control division manager. The owner of an animal shall cooperate with the animal control division and the officer conducting such investigation. (2) The animal control division 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 division shall send notice to the owner of the animal stating: a. That the owner has an affirmative duty to cooperate with the animal control division by scheduling an appointment with the animal control division to investigate the complaint; b. That the appointment shall be set not more than three (3) days from the time of notice; and c. That failure to schedule or keep the appointment will result in the accused animal being declared a dangerous animal. (b) If the animal control division determines that an animal is a dangerous animal, the animal control division shall: (1) Impound the animal immediately; and (2) Provide written notice to the owner of the animal the reasons for the determination, which notice shall be sent within three (3) days of the determination. (c) The owner of an animal declared to be a dangerous animal by the animal control division may request a hearing before the municipal court of the city to challenge such declaration. The request for such hearing must be in writing and filed with the city secretary within seven (7) days post-notification. Failure to request a hearing within the allotted 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. Written copies of the ruling, signed by the judge who presided at the hearing, shall be filed with the city secretary and the animal control division. (e) may order: Upon a determination that an animal is a dangerous animal, the presiding judge (1) The animal be humanely euthanized; (2) The animal may be reclaimed under the following conditions: Page 15 70448 a. Caging for the animal with minimum dimensions of ten (10) feet by twenty (20) feet by six (6) feet with an impermeable floor and chain link top be constructed within twenty one (21) days and prior to the release of the animal from the shelter; b. The enclosure be clearly marked "Dangerous Animal" on all sides; c. The animal be walked using a leash of six (6) feet or less in length and muzzle of sufficient strength to restrain it and be walked only by persons 18 years and older. d. The animal is always in the specified enclosure, on a leash and muzzled, or in the residence of the owner; e. The owner obtain a $100,000 home owners insurance policy for coverage specific to the bodily damage or property damage the dog may cause within twenty one (21) days and prior to release; f. Make the animal, enclosure, and insurance policy available for inspection at any time by the Animal Control Division; and g. Notify the Animal Control Division upon the animal's change of address or death. Sec. 5-19. 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 for more than twelve (12) consecutive hours in a twenty-four (24) hour period, or so as to create an unhealthy situation for the animal or a potentially dangerous situation for a pedestrian or passerby as determined by the animal control officer. Sec. 5-20. 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 control division. The owners of such dog must post a sufficient number of identification signs identifying the dog as a trained guard dog on the owner's premises, and such signage must remain visible, readable, and in place at all times, until such dog is permanently removed from the premises. ARTICLE V. LIVESTOCK, FOWL AND RABBITS Sec. 5-21. Keeping of livestock, fowL.and rabbits. (a) It shall be unlawful for any person to keep livestock, fowl or rabbits on premises under his control without providing adequate fences, cages, or barriers that will prevent such Page 16 70448 livestock or fowl escaping and from damaging shrubbery or other property situated on adjacent property. (b) Livestock and fowl must be kept in an enclosure which the perimeter is at least two hundred (200) feet from any inhabitable building. (c) It shall be unlawful to keep livestock in an area where there is less than one-half acre per head of livestock so kept. It shall be unlawful to keep fowl or rabbits in an enclosure where there is less than ten (10) square feet per bird or rabbit so kept. (d) All enclosures in which livestock, fowl, or rabbits are kept shall be maintained in a sanitary condition, kept free of flies, fly larvae, vermin, and other potentially hazardous nUIsances. (e) Feed and water troughs maintained for livestock shall be free from projections by which livestock could be injured. Sec. 5-22. Livestock and fowl not allowed in certain places. It shall be unlawful for any person to ride or allow any type of livestock upon any public school grounds, college grounds, public park, public 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 is obtained prior thereto. Sec. 5-23. Permit for keeping of livestock. It shall be unlawful for any person to keep livestock in the city without first obtaining a permit from the animal control division. Such permit shall be valid only for one contiguous piece of land with one point of contact for 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. See schedule A at the end of this chapter for fees. ARTICLE VI. RESERVED* Section 5-24. Reserved. Page 17 70448 ARTICLE VII. PROHIBITED ANIMALS* Sec. 5-25. Prohibited animals defined; scope. (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: (I) 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, tiger, jaguars, leopards, and cougars), except commonly accepted domesticated cats; family canidae (such as wolves, dingos, coyotes, jackals, and hybrids), 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 porcupines); and order ungulata (such as antelope, deer, bison and camels). (4) Animals not listed: A representative of the animal control division may declare any species of animal not listed in this subsection as "prohibited" if 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 unlawful. Sec. 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, without a permit. (b) It shall be a defense to prosecution under subsection (a) above that the owner or possessor: Page 18 70448 (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 prohibited animals at a single location, may be issued only to: (1) A zoo open to the public; (2) A research institution; (3) A member of a nonprofit wildlife society involved in education or research; (4) An individual currently in accordance with state and/or federal guidelines; (5) An animal exhibition, rodeo or circus, of which the animal is an integral part; (6) A nonprofit animal rehabilitation organization currently in accordance with state and/or federal guidelines. (d) Prohibited animal permits--Classification. (1) A temporary prohibited animal permit may be issued to a person providing prohibited animals for animal exhibitions on one (1) or more occasions during a 12-month period. The permit is valid for one month from the date of issuance. (2) A permanent prohibited animal permit may be issued to a research institution, an individual researcher, or a member of a nonprofit wildlife society involved in education or research. The permit is valid for one year from the date of issuance. (e) A person holding a prohibited animal permit shall notify the animal control division immediately in writing of any change in the permitted location for the animal. This requirement does not apply to the transporting ofthe animals: (1) In or out of the city, (2) To or from a veterinary clinic. (f) The fees for a prohibited animal permit are set forth in Schedule A at the end of this chapter. (g) A prohibited animal permit is nontransferable and the permit fee is nonrefundable. (h) Permit fee may be waived for a charitable, non-profit organization. Page 19 70448 Sec. 5-27. Revocation of permit. (a) The animal control 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 animal. (2) Adequately care for or protect the animal. (3) Meet all requirements specified on the prohibited animal permit. ARTICLE VIII. FEES Sec. 5-28. Fees. All fees assessed shall be established by resolution of the city council." SECTION 2. If any section, article paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any persons or circumstances 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 declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 3: That all provisions of the Ordinances of the City of The Colony, Texas, in conflict with the provisions of this ordinance be, and the same are hereby amended, repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. Any person, firm, or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a separate offense. SECTION 5. This Ordinance shall become effective from and after its date of passage in accordance with law. PASSED AND AP~VED BJiHE ~IL OF THE CITY OF THE COLONY, TEXAS THIS day of en 20 . Page 20 70448 ACT: ffi~;t.k'uJ~ Christie Wilson, City Secretary Page 21 70448