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HomeMy WebLinkAboutO-1859-8-00ORDINANCE NO. 18594WO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 3 ANIMAL CONTROL IN ITS ENTIRETY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500) FOR EACH OFFENSE, EXCEPT WHERE A DIFFERENT PENALTY HAS BEEN ESTABLISHED BY STATE LAW FOR SUCH OFFENSE, OR FOR ANY VIOLATION OF ANY PROVISION WHICH GOVERNS PUBLIC HEALTH OR SANITATION WHICH SHALL BE PUNISHED BY PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The Code of Ordinances of the City of Allen, Texas, be, and the same is hereby, amended by amending Chapter 3, in its entirety, to read as follows: "CHAPTER 3. ANIMAL. CONTROL ' See. 3-1. Definitions. In this chapter, the following words and terms shall have the following meaning, unless the context indicates otherwise: Abandon: The dumping, deserting, or leaving of any animal on public or private property with the intent of terminating any further responsibility for the animal; or failing to properly redeem any animal impounded or quarantined by the City. Adoption: The purchase of a dog or cat from the City of Allen for pet purposes. Animal: Any living creature, including, but not limited to, dogs, cats, cows, horses, birds, fish, mammals, reptiles, insects, fowls, and livestock but specifically excluding human beings. Animal Control icer: The person or persons designated by the Chief of Police to represent and act for the City to enforce the provisions of this Chapter. Cat: A domesticated animal that is a member of the felidae (feline) family but does not include a lion, tiger, bobcat, jaguar, panther, leopard, cougar, or other wild animal of this family or hybrids. Dangerous Dog: A dog 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 dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or (2) commits unprovoked acts in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person. Dog: A domesticated ammal that is a member of the canidae (canine) family but does not include a wolf, jackal, fox or other wild animal of this family or hybrids. Ferret: A domestic member of the family mustilidae, specifically mustela putonus into. Guard Dog: A dog which has been trained for the purpose of protecting property by a guard dog company which is required to be licensed pursuant to Article 4413(29bb), Vernon's Texas Civil Statutes, as amended. Health Officer. A licensed physician appointed by the City Council to have charge, control, protection of public health. Hybrid: A product of the mating of two different species of animals regardless of the number of generations born since the original mating. Licensed Veterinarian: A person licensed to practice veterinarian medicine. Livestock Any horses, mules, donkeys, ponies, cattle, bulls, sheep, goats, hogs, pigs, of any and all kinds regardless of sex but not including miniature swine. ' Local Rabies Control Authority: The person designated by the City Council in accordance with Section 826.017 of the Texas Health and Safety Code. Miniature Swine: Any member of the swine fainly which has, through selective breeding, been genetically manipulated so as to attain a maximum height of 18 inches at the shoulder and a maximum weight of 60 pounds. Owner: Any person owning, possessing, harboring, keeping or sheltering any animal. Person: Any individual, fimr, partnership, association, corporation or other legal entity. Prohibited Animal: Any animal, except birds kept in a cage or aviary that is not regulated by international, federal m state law, or common domestic species which include gerbils, hamsters, guinea pigs or laboratory mice or rats, and regardless of state or duration of captivity, that poses a potential physical or disease threat to the public or that is protected by international, federal or state regulations, including but not limited to the following: (1) Class Reptilia: Family Helodermatidea (venomous lizards); Family Viperidae (rattlesnakes, copperheads, cottonmouths, other pit vipers and true vipers); Family Elapidae (coral snakes, cobras, mambas, and other elapids); the following listed species of Family Colubndae - Dispholidus typus (Brimming), Hyrodynastes gigas (water cobra), Boiga (mangrove snake), and Thelmomis (African twig snake) only; Order Phidia, Family Boidae (racers, ' boas, water snakes, and pythons); and Order Crocodilia (crocodiles, alligators, caimans, and gavials); Ordinance No. 1859-8-00 Page 2 (2) Class Aves: Order Falcomiforrv; (such as hawks, eagles, and vultures); Subdivision Ratitae (such as ostriches, rheas, cassowaries, and emus); and ' Order Strigiforms (such as owls); (3) Class Mammalia: Order Carnivora, Family Felidae (such as ocelots, margays, tigers, jaguars, leopards, and cougars), except commonly accepted domesticated cats; Family Canidae (such as wolves, wolf -dog hybrids, dmgos, coyotes, and jackals), except domesticated dogs; Family Mustelidae (such as weasels, skunks, martens, mink, and badgers), except ferrets; Family Procyonidae (raccoon); Family Ursidae (such as bears); Order Marsupialia (such as kangaroos and common opossums); Order Edentate (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); and (4) Animals not listed: The Ammal Control Officer 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. Running at large: Not completely confined by a building, wall or fence of sufficient strength or construction to restrain the animal, except when such animal is either on a leash, or held in the hands of the owner or keeper, or under direct supervision of the owner within the limits of the owner's private property. Any animal confined within an automobile or other vehicle shall not be deemed running at large. ' Secure enclosure: A fenced area or structure that is: (1) locked; (2) capable of preventing the entry of the general public, including children; (3) capable of preventing the escape or release of a dog; (4) clearly marked as containing a dangerous dog; and (5) in conformance with the requirements for enclosures established by the Animal Control Officer. Serious bodily injury: Any physical injury that involves a substantial risk of death, disfigurement, or impairment of any part of the body, including but not limited to a broken bone or a laceration requiring either multiple stitches in cosmetic surgery. Unprovoked: Any action by an animal that is not (1) in response to being tormented, abused, or assaulted by any person; (2) in response to pain or injury; or (3) in protection of itself or its food, kennel, immediate territory, or nursing offspring. Ordinance No. 1859-8-00 Page 3 F Vaccination: An injection of the United States Department of Agriculture approved rabies vaccine administered every twelve (12) calendar months by a licensed veterinarian. Vicious Animals: Any animal that has had on two (2) previous occasion without provocation attacked or bitten any person or other animal, or any animal which the Animal Control Officer or a license veterinarian had his reason to believe has a dangerous disposition likely to be harmful to humans or other animals. Wild Animal: Any animal except the common domestic species (dogs, cats, horses, livestock, and other common farm animals) regardless of the state or duration of captivity. Sec. 3-2. Enforcement (a) Chief of Police shall designate an employee(s) as the Animal Control Officer. (b) Enforcement of this Chapter and any state laws regulating Animal Control shall be the responsibility of the Animal Control Officer. (c) The provisions of Subchapter D, Chapter 822 of the Texas Health and Safety Code, as amended, are incorporated into this Chapter and the Animal Control Officer is hereby the Animal Control authority for purposes of administering and enforcing that Subchapter. (d) The Animal Control Officer is authorized to: (1) impound any animal in violation of this Chapter, (2) issue citations for any violation of this Chapter or applicable state law. (e) No person shall interfere with any Animal Control Officer or any authorized representative in the performance of their duties. (f) Except when required otherwise by state law, all fees and charges required under this Chapter shall be established by resolution of the City Council from time to time. Sec. 3-3. Running at Large. (a) It shall be unlawful for an owner of an animal without regard to mental state, to fail to keep the animal from running at large. Sec. 34. Vaccination. (a) The owner of a dog, cat, ferret or miniature swine shall have the animal vaccinated against rabies by a licensed veterimarian by the time the animal is four (4) months of age and revaccinated within each subsequent twelve (12) month interval. After immunization the veterinarian shall issue to the owner of the animal a certificate of vaccination which contains the following information: (1) name, address, and telephone number of owner; (2) date of vaccination; Ordinance No. 1559-8-00 Page 4 (3) year and rabies tag number; and (4) animal identification including breed, age, color and sex (b) Concurrent with the issuance of the certificate of vaccination the veterinarian shall provide to the owner of the dog or cat a metal rabies tag serially numbered showing the date of vaccination, the name, address and phone number of the veterinarian which shall be securely attached to the collar or harness of the vaccinated animal and worn at all times. (c) A person commits an offense without regard to mental state, if the person owns, keeps, or harbors a dog or cat over four (4) months of age without having properly obtained a certificate of vaccination. Sec. 3-5. Registration; license. (a) The owner of a dog, cat, ferret or immature swine four (4) months of age or older shall annually register the animal with the City. The submission of a current rabies vaccination certificate and payment of the applicable license fee as established by resolution of the City Council shall be made to the City. The rabies vaccination certificate shall include the name and address of the applicant, a description of the animal, and proof of a current rabies vaccination. Upon receipt of a rabies vaccination certificate that meets the criteria of this section and state law and payment of the applicable license fee, ' a City license tag shall be issued, which shall bear an identifying number for the animal and the year of issuance. The license tag shall be securely attached to the collar or harness of the animal and worn at all times. (b) A person commits an offense without regard to mental state, if the person owns, keeps, or harbors a dog, cat, ferret or miniature swine over four (4) months of age without having such animal currently licensed by the City. (c) A person commits an offense without regard to mental state, if the person owns, keeps, or harbors a dog, cat, ferret or miniature swine required to be licensed by this section and fails to display on the animal at all times a valid City license tag. (d) A person commits an offense without regard to mental state if the person owns, keeps, or barbors a dog, cat, ferret or miniature swine and displays on the animal a City license tag issued to another animal. (e) A person commits an offense without regard to mental state if the person owns, keeps, or harbors more than four (4) domestic animals (of the same species) over six (6) months of age. Sec. 3-6. Revocation and Denial of Registration. ' (a) The Animal Control Officer may deny or revoke registration for an animal owned by a person who has been convicted of. (1) Texas Penal Code, Article 42.11, as amended, or three (3) or more separate violations of this Chapter or of an animal control ordinance of another jurisdiction within any twelve (12) Ordinance No. 1859-8-00 Page 5 month period; (2) has had the same animal impounded four or more times within any twelve (12) month period. (b) If the Animal Control Officer revokes or denies registration of a dog or cat, a written notice of the action and of the right to an appeal shall be given to the owner. The owner may appeal the decision of the Animal Control Officer to the Municipal Court. The filing of a request for an appeal hearing stays an action of the Animal Control Officer in revoking or denying the registration until the Municipal Court makes a final decision. (c) The denial or revocation of registration may be appealed by filing with the Animal Control Officer a written request for hearing within in (10) days atter notification of the denial or revocation. If written request for an appeal is not timely made, the denial or revocation is final. The Municipal Court may consider evidence offered by any interested person. The formal rules of evidence do not apply. The Municipal Court shall make its decision on the basis of a preponderance of the evidence presented at the hearing. The Municipal Court should conduct a hearing and render a decision within fifteen (15) days after the request for an appeal is filed or as soon thereafter as practicable. The Municipal Court may affirm or reverse the denial or revocation. The decision of the Municipal Court shall be sent to the owner of the affected animal. The decision of the Municipal Court is final. (d) Within fifteen (15) calendar days after receipt of a notice of revocation or denial of registration, or after a final decision of the Municipal Court if an ' appeal is filed, a dog or cat owner shall remove the affected animal from the City limits. The Animal control Officer or the Municipal Court may extend the fifteen (15) day removal period for an additional fifteen (15) calendar days. The owner shall provide the Animal Control Officer with a sworn statement confirming the removal of the animal. (e) A person commits an offense without regard to mental state, if the person owns, keeps, or barbors a dog or cat within the City during a period when registration for the animal has been revoked or denied, or fails to remove a dog or cat when required by this section. Sec. 3-7. Guard logs All guard dogs shall be registered annually with the Animal Control Officer prior to use as guard dogs. The City license tag for a guard dog shall be securely attached to the collar or harness on the animal and worn at all times. Guard dogs shall be restramed by a chain or leash not exceeding six (6) feet in length and humanely muzzled when off the premuses where used. Sec. 3.8. Impoundment. (a) The following animals may be impounded: (1) Cats, dogs, ferrets or miniature swine not exhibiting evidence of vaccination or registration. Ordinance No. 1859-8-00 Page 6 Ll 7i (2) Any animal kept under conditions which can endanger the public or animal health. Ordinance No. 1859-8-00 Page 7 (3) Any anunal that has rabies or symptoms thereof or that a person could reasonably suspect of having rabies or that bites, scratches or otherwise creates a condition which may have exposed or transmitted the rabies vino to any human being or animal, or that requires observation for rabies as determined by the Animal Control Officer. (4) Any animal other than a cat running at large. Except that a cat may also be impounded pursuant to Section 3-13(f) of this Chapter. (5) Any animal treated in a manner determined to be in violation of Texas Penal Code, Article 42.11, as amended. (6) Any animal in violation of any provision of this Chapter. (7) Any animal reasonably suspected of having inflicted bodily harm on any human being or animal that poses a threat to public safety or constitutes a public nuisance. (8) Any prohibited animal. (b) If any animal is found on the premises of any person, that person may confine such amoral in a humane manner until the Animal Control Officer impounds such animal. When so notified, it shall be the duty of the Animal Control Officer to have such animal impounded. (c) The Chief of Police shall select and establish facilities in the City for the impoundment, quarantine, maintenance, and destruction of animals. (d) Reasonable effort shall be made by the Animal Control Officer to contact the owner of any animal unfounded which is wearing a current registration tag. Sec. 3-9. Redemption of Animal. (a) The owner may redeem an impounded animal upon payment of all applicable impoundment fees, handling fees, and any veterinarian bills or other cost incurred by the City for the impoundment, care and welfare of the animal and upon proof of compliance with the vaccination/registration requirements of this Chapter. Any animal being held under quarantine or observation for rabies shall not be redeemed until released from quarantine. (b) Impounded animals shall be held for five days after the date of impoundment except any animal wearing a current registration and/or vaccination tag shall be unpounded for seven days. If the owner of an impounded animal does not redeem it within the period of impoundment, disposition will be in accordance with this Chapter. Sec. 3-10. Disposition of Animals. (a) Except as provided herein, any animal not redeemed within the above -stated time periods after impoundment, or release from quarantine, shall become the Ordinance No. 1859-8-00 Page 7 I property of the City and shall at the direction of the Animal Control Officer be placed for adoption, transferred to a bona fide humane society or humanely destroyed. (b) Disposition of animals impounded on the grounds of cruel or inhumane treatment shall be determined by a court of competentjurisdiction. (c) Any nursing baby animal impounded without the mother or where the mother cannot or refuses to provide care for the baby may be immediately destroyed to prevent further suffering. Any impounded animal that appears to be suffering from extreme injury or illness may be immediately destroyed to prevent further suffering. (d) Any owner who no longer wishes responsibility fm an animal or believes the animal to be ill or injured may sign a written waiver supplied by the Animal Control Officer allowing the animal to be immediately destroyed by the City. The owner of such animal shall be charged a fee for this service. Sec. 3-11. Adoption of Dogs and Cats. (a) A person may adopt a dog and/or cat from the City animal shelter facility that has been spayed or neutered and classified as adoptable. The adopting owner must sign an agreement to have the animal spayed in neutered within thirty (30) days or when the animal reaches the age of six (6) months. Additionally, any animal adopted most be vaccinated within five (5) days after purchase or by the time the animal reaches the age of four (4) months. (b) The Animal Control Officer may refuse to allow a person to adopt an animal to whom he has reason to believe: (1) Would not have proper facilities to contain or care for the animal. (2) Wants the dog or cat for the purpose of resale or for purposes other than pet ownership. (3) There are reasonable grounds to believe the animal would be subjected to abandonment or cruelty. Sec. 3-12. Animal Quarantine. (a) Any animal that has rabies or symptoms which could reasonably indicate rabies or that bites, scratches or otherwise creates a condition which may expose or transmit the rabies virus to a human being shall be impounded immediately. Upon notification, the owner shall surrender the animal to the Animal Control Officer for quarantine at the City's designated animal shelter, or with approval from the Animal Control Officer deliver the animal to a state - approved veterinarian quarantine facility for quarantine at the owner's expense. Quarantine shall be fm a minimum of ten (10) days beginning on the date the incident occurred in longer as the Animal Control Officer may deem necessary. Aminal quarantine shall be in accordance with any applicable rules and regulations adopted by the Texas Department of Health. Ordinance No. 1859-8-00 Page 8 (b) Quarantine shall be subject to the following conditions: ' (1) The quarantine animal showing clinical signs of rabies shall be immediately destroyed and the head or brain submitted to the nearest Texas Department of Health Laboratory for testing. (2) The animal placed in quarantine shall not be released without prior notification to and written approval from the Animal Control Officer. (3) Home quarantine at the residence of the owner, if approved by the Animal Control Officer, must satisfy the following conditions. a. Secure facilities are available and approved by the Animal Control Officer. b. The animal is currently vaccinated against rabies. C. A licensed veterinarian must observe the animal on the fust and last days of the quarantine period. d. The owner of the animal shall notify the Animal Control Officer if the animal escapes, becomes or appears to become sick, or dies; and, in case of death of the animal while under quarantine, shall immediately surrender the dead animal to the Animal Control Officer for diagnostic purposes. C. The animal was not running at large at the time of the incident. f. The annual is isolated from all other animals, and human beings other than the individual(s) who own the animal. (c) A person who knows of an animal bite or scratch to an individual that the person could reasonably foresee as capable of transmitting rabies, a who knows of an animal that the person suspects is rabid shall report the incident or animal to the Animal Control Officer. The report shall include the name and address of the victim and owner of the animal, and any other information relating to the incident or animal. (d) The owner shall submit for quarantine an animal that: (1) is reported rabid or to have exposed an individual to mbies; a (2) the owner knows or suspects is rabid or has exposed an individual to rabies; or (3) has bitten, scratched or otherwise created a condition which may have exposed or transmitted the rabies virus to any human being. (e) When submitted for quarantine, the owner shall provide the name, address and any other relevant information about the animal. Ordinance No. 1859-8-00 Page 9 (f) The owner of a quarantined animal shall pay all reasonable costs of the quarantine and disposition of the animal, including charges for shipment of ' animal tissues, if required, to the Texas Department of Health Laboratory for testing. (g) An animal that has been quarantined may be released by the Animal Control Officer after a licensed veterinarian determines that the quarantined animal does not show clinical signs of rabies and under the following conditions: (1) At the end of the observation period upon proof of vaccination prior to release from quarantine. (2) When all applicable fees have been paid. (3) If the animal is not being held for legal proceedings. (4) If appropriate City license registration has been obtained. (h) It shall be unlawful for any person to interrupt the observation period or otherwise interfere with quarantine. (i) It shall be unlawful for any person to destroy or remove from the City any animal that has bitten a person or other animal or that has been placed under quarantine, except when necessary to protect the life of any person or other animal or otherwise approved by the Animal Control Officer. ' Q) The carcass of a dead animal exposed to rabies or suspected of having been rabid, shall, upon demand, be surrendered to the Animal Control Officer. (k) Wild animals shall not be placed in quarantine. Wild animals shall be humanely destroyed in such a manner the brain is not mutilated. The brain will then be submitted to a Texas Department of Health laboratory for testing. (1) No person shall fail in refuse to surrender an animal for quarantine or for destruction when ordered by the Animal Control Officer. Sec. 3-13. Animal Nuisances. The following shall be considered a public nuisance and shall be unlawful: (a) The keeping of an animal in such a manner as to endanger the public health, by the accumulation of animal waste which causes foul and offensive odors considered to be a hazard to other animals or human beings. (b) To permit or allow an animal to defecate upon private or public property other than the property of the owner of said animal; and to fail to remove and dispose of in a sanitary manner any feces left by such animal. (c) Property not kept free from carrion or other putrescuble material. (d) The keeping of bees in such a manner as to deny the lawful use of adjacent property or endanger the health and safety of others. Ordinance No. 1859-8-00 Page 10 (e) The keeping of any animal which causes loud and unusual barking, howling or other noise that disturbs the peace and quiet of any person of ordinary sensibilities. (f) Persistent laxness in cat supervision so that their running at large results in an unreasonable disturbance to a person or persons. Sec. 3-14. Animals Prohibited as Novelties. (a) It shall be unlawful for any person to sell, offer for sale, rent, barter or give away as toys, premiums or novelties, baby chickens, ducklings or other fowl under three weeks old, rabbits under two months old, unless the manner or method is fust approved by the Animal Control Officer. (b) It shall be unlawful to color, dye, stain or otherwise change the natural color of any chickens, ducklings, or other fowl or rabbits or to possess for the purpose of sale or to be given away, any of the above mentioned animals which have been so colored. Ordinance No. 1859-8-00 Page 11 Sec. 3-15. Wild; Wild -Hybrid; Prohibited Animals. (a) It shall be unlawful to own, possess, keep or harbor any wild, wild -hybrid, or prohibited animal within the City. ' (b) It is a defense to prosecution under this subsection 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 possession of a prohibited animal may be issued to: (1) public zoo; (2) public or private primary or secondary school; or (3) an animal exhibition, rodeo, or circus of which the animal is an integral part, if the animal is restrained from inflicting injury upon persons, property, or other animals. Sec. 3-16. Dangerous Dogs. (a) Nuisance Declared. It is hereby declared to be a public nuisance that an owner harbors, keeps or maintains a dangerous dog in the City unless the owner complies with the requirements of this section, and State statutes regulating dangerous dogs. (b) Requirements for Owner of Dangerous Dog. Ordinance No. 1859-8-00 Page 11 (4) The owner, not later than the 15th day after the date the owner is notified that a dog owned by the owner is a dangerous dog, may appeal the determination of the Animal Control Officer to the Municipal Court. The owner shall confine the dog during the pendency of an appeal in a manner satisfactory to the Animal Control Officer. An owner may appeal a decision of the Municipal Court in the same manner as appeal for other civil cases. The determination of the Animal Control Officer is final if the owner does not timely appeal. (5) The Animal Control Officer shall provide written notice of the date, time and location of the hearing to the owner of the dangerous dog and to any complainant, either in person or by certified mail, return receipt requested. At the hearing, all interested persons shall be given the opportunity to be heard. (c) Registration. (1) The Animal Control Officer shall annually register a dangerous dog if the owner: Ordinance No. 1859-8-00 Page 12 (1) Not later than the 30th day after a person learns that the person is the owner of a dangerous dog, the person shall: ' a. register the dangerous dog with the Ammal Control Officer; b. restrain the dangerous dog at all times on a leash in the immediate control of a person or to a secure enclosure; C. obtain liability insurance coverage or show financial responsibility in an amount of at least $100,000 to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person. (2) For purposes of this section, a person learns that the person is the owner of a dangerous dog when: a. the owner knows of an attack described in the definition of "Dangerous Dog"; or b. the owner is informed by the Animal Control Officer that the dog is a dangerous dog; or C. the owner receives notice that the municipal court has found that the dog is dangerous. (3) If a person reports an incident described in the definition of "Dangerous Dog", the Animal Control Officer may investigate the incident. After receiving sworn statements of any witnesses, the Animal Control Officer deteummes whether the dog is a dangerous dog, it shall notify the owner of that determination. (4) The owner, not later than the 15th day after the date the owner is notified that a dog owned by the owner is a dangerous dog, may appeal the determination of the Animal Control Officer to the Municipal Court. The owner shall confine the dog during the pendency of an appeal in a manner satisfactory to the Animal Control Officer. An owner may appeal a decision of the Municipal Court in the same manner as appeal for other civil cases. The determination of the Animal Control Officer is final if the owner does not timely appeal. (5) The Animal Control Officer shall provide written notice of the date, time and location of the hearing to the owner of the dangerous dog and to any complainant, either in person or by certified mail, return receipt requested. At the hearing, all interested persons shall be given the opportunity to be heard. (c) Registration. (1) The Animal Control Officer shall annually register a dangerous dog if the owner: Ordinance No. 1859-8-00 Page 12 a. presents: ' 1. proof of liability insurance or financial responsibility in an amount of at least $100,000.00 to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person; 2. proof of correct rabies vaccination of the dangerous dog. 3. proof of a secure enclosure in which the dangerous dog will be kept. b. pays an annual registration fee established by resolution of the City Council from time to time. C. provides two color identification photographs of at least three inches by three inches of each dangerous dog with one photograph showing the frontal view and the other photograph showing the side view of each dog. d. provides the time, general description, including sex, weight, color, predominate breed, height and length and any other discernible features of the dangerous dog. (2) The Animal Control Officer shall provide to the owner registering a dangerous dog, a registration tag which shall be placed and maintained on the dog's collar at all ties. (3) If the owner of a dangerous dog sells or moves the dog to a new address, the owner, not later than the 14th day after the date of sale or move, shall notify the Animal Control Authority for the area in which the new address is located. If the dangerous dog has been sold or given away, the former owner shall provide the Animal Control Officer with the name, address and telephone number of the new owner. If the new owner resides in the City or if the animal is kept in the City, the Animal Control Officer shall notify the new owner in person or by certified mail, return receipt requested, that a determination has been made that the dog is dangerous and provide the new owner with a copy of the requirements for the owner of a dangerous dog. It shall be unlawful for the new owner to fail to comply with such requirements. (4) The owner of a registered dangerous dog shall immediately notify the Animal Control Officer if the dangerous dog is running at large, has bitten or attacked a human being or another animal, has died, or has been sold or given away. (d) Attack by Dangerous Dog. (1) A person commits an offense if the person is the owner of a dangerous dog and the dog makes an unprovoked attack on a person or another Ordinance No. 1859-8-00 Page 13 H (e) Sec. 3-17. animal outside the dog's enclosure and causes bodily injury to a person or another animal. (2) An offense under this subsection is a Class C Misdemeanor. (3) If a person is found guilty of an offense under this section, the Court which hears the case may order the dangerous animal destroyed by a licensed veterinarian or a person authorized by State law. Violations. A person who owns or keeps custody or control of a dangerous dog commits an offense if the person fails to comply with any requirements for ownership of a dangerous dog. An offense under this subsection is a Class C Misdemeanor. If the owner of any dog determined to be dangerous under this section fails or refuses to comply with requirements of this section, the dog shall be seized by the Animal Control Officer and humanely destroyed. Defense. (1) It is a defense to prosecution under section 3-16(d) or section 3-16(e) that the person is a veterinarian, a peace officer, a person employed by a recognized animal shelter or a person employed by the State or political subdivision of the State to deal with stray animals, and has temporary ownership, custody and control of the dangerous dog in connection with that position. (2) It is a defense to prosecution under section 3-16(d) or section 3-16(e) that the person is an employee of the institutional division of the Texas Department of Criminal Justice or a law enforcement agency and trains or uses dogs for law enforcement or correction purposes. (3) It is a defense to prosecution under section 3-16(d) or section 3-16(e) that the person is a dog trainer or an employee of a guard dog company under the Private Investigators and Private Security Agencies Act, Article 4413(29bb), Vernon's Texas Civil Statutes, as amended. Miniature Swine. (a) The owner of miniature swine shall annually register the animal with the City. Written application for registration and payment of applicable registration fees shall be made to the Annual Control Officer or designated veterinarian. The application shall include the name and address of the owner, a description of the animal and the comet rabies vaccination certificate. Upon acceptance of the application, a City license tag shall be issued, which shall bear an identifying number for the moral and the yew of issuance. (b) Miniature swine may be kept as pets in the City subject to the following requirements: Ordinance No. 1859-8-00 Page 14 (1) It shall be unlawful to keep, harbor or possess more than one (1) swine per household or business. ' (2) No person may engage in the propagation or breeding of miniature swine within the City. (3) It shall be unlawful for any person to keep or maintain miniature swine outdoors. A person may permit immature swine outdoors for brief periods not to exceed one hour per occurrence as necessary for exercise or for the elimination of waste. The outdoor area used for exercise and waste elimination most be a secure area from which the swine may not escape. Miniature swine are subject to all the other sections of this Chapter including the prohibition of running at large. (4) It shall be unlawful for any person to keep or maintain miniature swine within the City unless the swine have received annual vaccinations against erysipelas, parvo virus, and leptospirosis. The first inoculations for such diseases must be received before the animal is four months of age. The owner of miniature swine must provide the Animal Control Officer a health certificate from a licensed veterinarian within 14 days of vaccination which shall contain the following information: a. Name, address, driver's license, and telephone number of the owner. ' b. Name, address, and telephone number of the licensed veterinarian providing the vaccinations and certificate. C. Name, recent photograph and description of the animal, giving the age, weight and height. d. The types and dates of vaccinations. e. A statement of the general health of the animal. f Cemfrcation that the animal has been either spayed or neutered. (5) It shall be unlawful for any person who owns, keeps, harbors, or has custody of any miniature swine to fail to display on such miniature swine at all times a valid City registration and vaccination tag. (6) It shall be unlawful for any person who owns, keeps, barbers, or has custody of any miniature swine to display on such miniature swine a registration or rabies vaccination tag issued to another animal. (7) All locations where miniature swine are kept shall be kept in a clean and sanitary condition. Exercise areas shall be cleaned of swine ' excrement twice each week. Ordinance No. 1859-8-00 Page 15 I (8) The owner of any miniature swine shall notify the Animal Control Officer within 14 days if the mvuature swine dies in has been sold or given away. (c) If the owner of a miniature swine fails or refuses to comply with any of the requirements of this Section, the Animal Control Officer may deny or revoke the animal's registration and order the miniature swine removed from the City. The detemunation of the Animal Control Officer may be appealed to the Municipal Court in the same manner as an appeal from the denial or revocation of a cat or dog registration. Sec. 3-18. Livestock (a) It shall be unlawful for any person to keep any swine within the City except miniature swine as defined herein. (b) It shall be unlawful far any person to keep a cow or home on any premises, the overall area of which is less than one-third of an acre for each cow or horse kept, or kap more of said animals than can be cared for under sanitary conditions. The total number of cows or horses permitted shall not exceed one adult per one-third acre for the fust acre, and two adults per acre for each additional acre over two acres of a single tract of land. (c) Livestock pens, stables, corrals, ar enclosures shall be capable of preventing the entry of the general public and capable of preventing the escape of the livestock. (d) Confinement Restrictions. (1) It shall be unlawful far any person to keep any horse, cow, cattle, sheep or goat or any other livestock within one hundred fifty (150) feet of any residence m occupied building. (2) Any enclosure, pen, corral, or other restrictive area for livestock may not be located within ten (10) feet of any residentially zoned property or any property used fm residential purposes. Sec. 3-19. Sanitary Requirements. (a) The owner or person who has custody or control of any animal shall comply with the following standards: (1) all manure and other animal waste shall be removed from pens, corrals, cages, yards, or other enclosures twice a week to an approved disposal site; (2) food shall be placed in impervious conlainms on impervious surfaces; (3) refuse on the prermses shall be removed and disposed of by means approved by the Animal Control Officer; Ordinance No. 1859-8-00 Page 16 (4) watering troughs or tanks shall be egmpped with adequate facility for ' draining the overflow so as to prevent breeding of flies, mosquitoes or other insects; (5) no putrescible material shall be allowed to accumulate on the premises, and all such materials used to feed which is unconsumed shall be removed and disposed of by sanitary means. Sec. 3-20. Animal Care. (a) The owner or person who has custody or control of any animal shall provide: (1) Sufficient nutritious and wholesome food, served to the animal in clean containers, to maintain the animal in good health; 1 (2) Clean and wholesome water, served to the animal in a clean container, such water to be available to the animal at all times; (3) Adequate shelter and protection from the weather at all times; and (4) Veterinarian care as needed to prevent suffenng. (b) It shall he unlawful for an owner or other person having custody or control of any animal to abandon such ammal. (c) No person other than a licensed veterinarian shall crop a dog's ears. (d) The operator of any motor vehicle which strikes or injures a domesticated animal shall stop and immediately render aid and report such incident to the Animal Control Officer and the Police. (e) It shall be unlawful for any person to beat, starve or overwork, or to otherwise abuse any animal. Ordinance No. 1859-8-00 Page 17 Sec. 3-21. Exemptions. This chapter does not apply to a peace officer, or person employed by the State or a political subdivision of the State, or other governmental agency that trains or uses dogs for law enforcement or correction purposes." SECTION 2. All provisions of the Code of Ordinances of the City of Allen, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. Should any word, phrase, paragraph, section or portion of this ordinance or of the Code of Ordinances, as amended hereby, be held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or of the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 4. Offense committed before the effective date of this ordinance is governed by the prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 5. Any person, firm or corporation violating any of the provisions or terms of this ordinance or of the Code of Ordinances, as amended hereby, shall be guilty of a misdemeanor and upon conviction in the Municipal Court of the City of Allen, Texas, shall be subject to a fine not to exceed the sum of Five Hundred Dollars ($500.00) Dollars for each offense, except where a different penalty has been established by State law for such offense, and for any violation of any provision which governs public health or sanitation, which shall be punished by a penalty of fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such offense is continued shall constitute a new and separate offense. SECTION 6. This ordinance shall become effective from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 3R° DAY OF AUGUST, 2000. APPROVED: �-F. QP Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: �feter G. Smith, crft ATTORNEY Juldy Mn son, CMC/AAE, CITY SECRETARY Ordinance No. 1859-8-00 Pape 18