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HomeMy WebLinkAboutO-2867-10-09ORDINANCE NO. 2867-10-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 3 `ANIMALS AND FOWL" ARTICLE I "IN GENERAL"; PROVIDING DEFINITIONS; PROVIDING REGULATIONS FOR DOGS AT LARGE, DISPOSITION OF ANIMALS AND REQUIRING MICROCHIPS FOR CERTAIN ANIMALS; PROVIDING REGULATIONS PROHIBITING ANIMAL FIGHTS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING FOR 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, Article I "In General" to read as follows: "ARTICLE I. IN GENERAL Sec. 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 Authority: A person or persons, or an establishment authorized by the chief of police for confinement, maintenance, safekeeping and control of dogs, cats or other animals which come into the custody of the city in the performance of their official duties and to enforce the provisions of this chapter. Assistance animal: An animal that is specially trained to do work or perform tasks for the benefit of an individual with a disability or by the virtue of a natural aptitude or acquired ability is able to provide therapeutic treatment, mitigation, safety or rescue. Boarding/Riding Stables: Any facility for boarding, livery, training or riding school or any facility which maintains horses or ponies, mules, donkeys, or burns whether gratuitously or for a fee. 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 animal 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. Euthanasia. A humane, painless method to end life for animals including those suffering, injured, contagious, or sick or as required by any state or federal law, as it currently exists or may be amended. Ferret: A domestic member of the family mustilidae, specifically mustela putorius faro. Fowl., Chickens, turkeys, pheasants, quail, geese, ducks, ostriches, emus or similar feathered animals regardless of age, sex or breed. 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 V.T.C.A., Occupations Code ch. 1702, 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 (2) different species of animals regardless of the number of generations born since the original mating. Inhumane treatment: Any treatment to any animal which deprives the animal of necessary substance, including food, water or protection from weather, or any treatment of any animal such as overloading, overworking, tormenting, beating, mutilating or teasing, or other abnormal treatment as may be determined by the animal control authority or a law enforcement officer. Livestock., Any horses, mules, donkeys, ponies, cattle, bulls, sheep, goats, hogs, pigs, of any and all kinds regardless of sex. Local rabies control authority: The person designated by the city council in accordance with V.T.C.A., Health and Safety Code § 826.017. Microchip implant: Is a passive electronic device that is injected into an animal by means of a hypodermic -type syringe device. Each microchip shall contain a unique and original number that is read by an electronic scanning device for purposes of animal identification and recovery by the animal's owners. Miniature swine: Any member of the swine family which has, through selective breeding, been genetically manipulated so as to attain a maximum height of eighteen (18) inches at the shoulder and a maximum weight of sixty (60) pounds. Owner: Any person who owns, keeps, shelters, maintains, feeds, harbors or has temporary or ' permanent custody of a domestic or prohibited animal, or who knowingly permits a domestic or prohibited animal to remain on or about any premises occupied by that person over which that person has control. An animal shall be deemed to be owned by a person who harbored it, fed it, or sheltered it for five (5) consecutive days or more. If a person under the age of seventeen (17) years owns an animal subject to the provisions of this chapter, the head of the household of which such person under the age of seventeen (17) years is a Ordinance No. 2867-10-09, Page 2 member shall be the person responsible for the animal under this chapter. Such household head may himself be under the age of seventeen (17) years and therefore subject to prosecution under this chapter. There may be t more than one (1) person responsible for an animal. Person: Any individual, firm, 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 or 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 throat 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 Colubridae- Dispholidus typos (Bcoinslang), Hyrodynastes gigas (water cobra), Boiga (mangrove snake), and Thelmornis (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, 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, dingos, 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 Edentata (such as sloths, anteaters, and armadillos); Order Proboscidea (elephants); Order Primata (such as monkeys, chimpanzees, and gorillas); Order Rodentia (such as porcupines); and Order Ungulata (such as antelope, deer, bison, and camels); and (4) Animals not listed: The Animal Control Authority 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. Properlyfitted with respect to a collar or other neck restraint One that measures the circumference of a dog's neck plus at least one (1) inch. With respect to a harness, properly fitted means one (1) that is of an adequate size, design, and construction as appropriate for the dog's size and weight. Rescue group: A nonprofit organization with a 501(c) 3 means any organization approved by the animal control authority and registered with the city that shelters animals for the purpose of protection, rescue, and eventual placement in a home where proper care can be given to the animal. Restraint: Secured by a leash, rope, tether, cable, chain or other device that attaches a dog to a stationary object or trolley system six (6) feet or less in length; or secured within a kennel or pen or secured within fenced real property limits of its, and may not come closer than six (6) feet to a public walkway or sidewalk when the restraint is stretched to full length. ' 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. Ordinance No. 2867-30-09, Page 3 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 Authority. 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 or cosmetic surgery. Shelter: Shelter for a dog that shall effectively protect the animal from any form of cold, overheating, inclement weather and direct effects of wind, rain, snow, ice or the sun. By way of example, and not limitation, a shelter may consist of a three -sided structure, with a roof that is nailed together to prevent any wind from coming through. The shelter should be on a low platform to keep it off the ground. The shelter shall provide shade during hot weather months with provisions for cooling the animal when temperatures exceed 90 degrees Fahrenheit. During temperatures 50 degrees Fahrenheit or lower auxiliary heat or clean, dry bedding material shall be provided for insulation against the cold and replaced as needed. ' 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. Vaccination: An injection of the United States Department of Agriculture approved rabies vaccine administered by a licensed veterinarian. Veterinarian: A veterinarian licensed to practice veterinary medicine in one or more of the 50 states or a person who practices veterinary medicine on an installation of the aimed forces or National Guard. Veterinarian/Chy Designated: A licensed veterinarian who has been designated by the city to perform any required vaccinations on dogs, cats and ferrets adopted from the shelter. Perform all sterilization surgeries and tattooing of dogs, cats and ferrets adopted from the shelter. Do the annual inspection of the shelter as required by Texas Department of State Health Services. Vicious animal: (1) Any animal which because of its physical nature and vicious propensity is capable of inflicting serious physical harm or death to human beings and would constitute a danger to human life or property; ' (2) Any animal which has behaved in such a manner that the owner thereof knows or should reasonably know that the animal is possessed of tendencies to attack or to bite human beings or other animals; Ordinance No. 2867-10-09, Page 4 I (3) Any animal certified by a doctor of veterinary medicine, after observation thereof, as posing a danger to human life, animal life or property upon the basis of a reasonable medical probability; (4) Any animal that commits an unprovoked attack on a person or animal on public or private property; or (5) Any animal that attacks or threatens to attack a person. Wild animals: Any mammal, save and except the common domestic species (dogs, cats, horses, cattle, swine, sheep, and goats) and any amphibian, reptile, or fowl which is not naturally tame or gentle but is of a wild nature or disposition and which, because of its size, vicious nature, or other characteristics, would constitute a danger to human life or property including, but not limited to, lions, tigers, leopards, panthers, bears, wolves, alligators, crocodiles, bobcats, coyotes, elephants, rhinoceroses, and all fors of poisonous reptiles and other like 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 Authority. (b) Enforcement of this chapter and any state laws regulating animal control shall be the responsibility of the Animal Control Authority. (c) The provisions of Subchapter D, Chapter 822 of the Texas Health and Safety Code (V.T.C.A, Health and Safety Code § 822.041 et seq.), as amended, are incorporated into this chapter and the Animal Control Authority is hereby the animal control authority for purposes of administering and enforcing that subchapter. (d) The Animal Control Authority 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 Authority 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 he established by resolution of the city council from time to time. Sec. 33. Running at large/restraint. (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. (b) It shall be unlawful for an owner or harborer to allow a dog or other animal to be tethered to a stationary object or in a location so as to create an unhealthy situation for the animal or a potentially dangerous situation for a pedestrian as determined by the animal control authority. The ter "unhealthy situation" shall include, but not be limited to, the following: (1) To tether any animal in such a manner as to cause the animal injury; Ordinance No. 2867-10-09, Page 5 (2) To tether any animal in such a manner as to not permit the animal access to shelter, food, or water. It shall be an affirmative defense to this subsection that the owner or harborer was in ' the same location as the dog or other animal while the animal was tethered; (3) To tether any animal in such a manner as to permit the animal to leave the premises owned, leased, or occupied by the dog's owner or harborer or to permit the animal access on any public right-of-way; (4) To tether any animal in such a manner as to permit the animal to leave the owner or harborer's property; (5) To allow any tethered animal to become entangled; or (6) To use a collar that is pinch -type, prong -type, or choke -type or that is not properly fitted to the dog. (c) An owner may not leave a dog outside and unattended by use of a restraint that unreasonably limits the dog's movement: (1) Between the hours of 10 p.m. and 6 a.m.; (2) Within 500 feet of the premises of a school; or (3) In the case of extreme weather conditions, including conditions in which: a. The actual or effective outdoor temperature is below 32 degrees Fahrenheit; ' b. A heat advisory has been issued by a local or state authority or jurisdiction; or A hurricane or tornado warning has been issued for the jurisdiction by the National Weather Service. Sec. 34. Vaccination. The owner of a dog, cat or ferret shall have the animal vaccinated against rabies by a licensed veterinarian by the time the animal is four (4) months of age. The animal must receive a booster within the twelve (12) month interval following the initial vaccination. Every animal must be re -vaccinated against rabies at least once every three (3) years based on the type of vaccine administered by veterinarian. Sec. 3-5. Registration; license. (a) The owner of a dog, cat, or ferret 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, or ferret over four (4) months of age without having such animal currently licensed by the city. Ordinance No. 2867-10-09, Page 6 (c) A person commits an offense without regard to mental state, if the person owns, keeps, or harbors a dog, cat, or ferret 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 harbors a dog, cat, or ferret 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 Authority may deny or revoke registration for an animal owned by a person who has been convicted of. (1) V.T.C.A., Penal Code § 42.09, 42.091, 42.092 and 42.10, 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) month period; (2) has had the same animal impounded four (4) or more times within any twelve (12) month period. (b) If the Animal Control Authority 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 Authority to the municipal court. The filing of a request for an appeal hearing stays an action of the Animal Control Authority 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 Authority a written request for hearing within ten (10) days after 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. (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 Authority 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 Authority 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 harbors 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. (f) If an animal(s) is removed from the city under this section, the owner may request a review of the case in writing to the Animal Control Authority. A twelve (12) month period must have elapsed from the official removal date. A second revocation on the same animal will be permanent. Sec. 3-7. Guard dogs. ' All guard dogs shall be registered annually with the Animal Control Authority 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 restrained by a chain or leash not exceeding six (6) feet in length and humanely muzzled when off the premises where used. Ordinance No. 2867-10-09, Page 7 Sec. 3-8. Impoundment. (a) The following animals may be impounded: (1) Cats, dogs, or ferrets not exhibiting evidence of vaccination or registration; (2) Any animal kept under conditions which can endanger the public or animal health; (3) Any animal 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 virus to any human being or animal, or that requires observation for rabies as determined by the Animal Control Authority; (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 VT.C.A., Penal Code § 42.09, 42.091, 42.092 and 42.10, 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; or (8) Any prohibited animal. (b) If any animal is found on the premises of any person, that person may confine such animal in a humane manner until the Animal Control Authority impounds such animal. When so notified, it shall be the duty of the Animal Control Authority 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 Authority to contact the owner of any animal impounded 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 vaccinationlregistration 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 (5) days after the date of impoundment except any animal wearing a current registration and/or vaccination tag shall be impounded for seven (7) 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) If the dog, cat or ferret has not been claimed within five (5) days after the date of impoundment, the dog, cat or ferret shall be evaluated by the Animal Control Authority and at his discretion be either Ordinance No. 2867-10-09, Page 8 Ordinance No. 2867-10-09, Page 9 euthanized, made available for adoption, or released to an organization approved by the Animal Control Authority. Final disposition of all unclaimed animals shall rest with the Animal Control Authority of each animal in its custody once that animal becomes the property of the city. Any animal ' for adoption that is classified in this chapter as prohibited and all animals listed as endangered or protected shall be transferred to the proper authority at the earliest possible date. (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 euthanized to prevent further suffering. Any impounded animal that appears to be suffering from extreme injury or illness may be immediately euthanized to prevent further suffering. (d) Any owner who no longer wishes responsibility for an animal or believes the animal to be ill or injured may sign a written waiver supplied by the Animal Control Authority allowing the animal to be immediately euthanized by the city. The owner of such animal shall be charged a fee for this service. Sec. 3-11. Adoption of dogs and cats and ferrets. (a) A person may adopt a dog, cat or ferret from the city animal shelter facility that has been classified as adoptable. If the animal has not been spayed or neutered, the adopting owner must sign an agreement to have the animal spayed or neutered within thirty (30) days or when the animal reaches the age of six (6) months. Additionally, any animal adopted must be vaccinated against rabies within five (5) days after purchase or by the time the animal reaches the age of four (4) months. (b) The Animal Control Authority 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, cat or ferret for the purpose of resale or for purposes other than pet ownership; or (3) There are reasonable grounds to believe the animal would be subjected to abandonment or cruelty. (c) All dogs, cats and ferrets adopted from the city's animal shelter shall be micro -chipped unless a current microchip implant exists or with the exception of (1) Dogs, cats or ferrets under the age of three (3) months; (2) Dogs, cats or ferrets for which a written waiver has been provided by a State of Texas Licensed Veterinarian due to an existing health condition; or (3) All dogs, cats and ferrets adopted from the city's animal shelter shall be micro -chipped and/or registered with the microchip company at the adoptive owners expense. (d) Animal rescue group. ' (1) Only those animals scheduled for euthanasia may be rescued from the city animal shelter. Groups desiring to rescue animals must comply with the following: Ordinance No. 2867-10-09, Page 9 a. Provide a written request to the Animal Control Authority on organizational letterhead verifying affiliation with a non-profit animal rescue and/or adoption ' organization annually; b. Provide a list with names and phone numbers of qualified people to pick up for the organization and must be updated annually; C. Provide a valid Federal Tax identification number and its 501(c) 3 supporting a non- profit status annually; and d. Agree to sign a contract for each animal rescued agreeing to have such animal vaccinated for rabies and spayed or neutered. (2) Failure to comply with any provisions of this section shall void the animal rescue and may eliminate the opportunity for the responsible organization to participate in future rescues. (3) The Animal Control Authority may refuse rescue participation for any reason, at any time, without prior notice to participating non-profit organizations. (4) Adoption or reclaim fees outlined in this chapter will not apply to the rescue of impounded animals scheduled for euthanasia. See. 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 vims to a human ' being shall be impounded immediately. Upon notification, the owner shall surrender the animal to the Animal Control Authority for quarantine at the city's designated animal shelter, or with approval from the Animal Control Authority deliver the animal to a state -approved veterinarian quarantine facility for quarantine at the owner's expense. Quarantine shall be for a minimum of ten (10) days beginning on the date the incident occurred or longer as the Animal Control Authority may deem necessary. Animal quarantine shall be in accordance with any applicable rules and regulations adopted by the Texas Department of State Health Services. (b) Quarantine shall be subject to the following conditions: (1) The quarantine animal showing clinical signs of rabies shall be immediately euthanized and the head or brain submitted to the nearest Texas Department of State Health Services Laboratory for testing; (2) The animal placed in quarantine shall not be released without prior notification to and written approval from the Animal Control Authority; (3) Home quarantine at the residence of the owner, if approved by the Animal Control Authority, must satisfy the following conditions: a. Secure facilities are available and approved by the Animal Control Authority; 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; Ordinance No. 2867-10-09, Page 10 1 d. The owner of the animal shall notify the Animal Control Authority 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 Authority for diagnostic purposes; e. The animal was not running at large at the time of the incident; or The animal 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, or who knows of an animal that the person suspects is rabid shall report the incident or animal to the Animal Control Authority. 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 rabies; (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. (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 State Health Services Laboratory for testing. (g) An animal that has been quarantined may be released by the Animal Control Authority 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; or (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 Authority. (j) The carcass of a dead animal exposed to rabies or suspected of having been rabid, shall, upon demand, be surrendered to the Animal Control Authority. Ordinance No. 2867-10-09, Page I I I (k) Wild animals shall not be placed in quarantine. Wild animals shall be euthanized 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 or refuse to surrender an animal for quarantine or for euthanasia when ordered by the Animal Control Authority. 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; and (c) Property not kept free from carrion or other putrescible 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; (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; and (t) 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 (3) weeks old, rabbits under two (2) months old, unless the manner or method is first approved by the Animal Control Authority. (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. 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: Ordinance No. 2867-10-09, Page 12 (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: (1) Not later than the thirtieth day after a person leams that the person is the owner of a dangerous dog, the person shall: a. Register the dangerous dog with the Animal Control Authority; b. Provide animal control with two (2) colored pictures of the animal and have the animal micro -chipped; C. Restrain the dangerous dog at all times on a leash in the immediate control of a person or in a secure enclosure; d. Obtain liability insurance coverage or show financial responsibility in an amount of at least one hundred thousand dollars ($100,000.00) 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' b. The owner is informed by the Animal Control Authority 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 Authority may investigate the incident. After receiving swom statements of any witnesses, the animal control supervisor shall determine whether the dog is a dangerous dog and shall notify the owner of that determination. (4) The owner, not later than the fifteenth 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 Authority to the municipal court. The owner shall confine the dog during the pendency of an appeal in a manner satisfactory to the Animal Control Authority. 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 Authority is final if the owner does not timely appeal. Ordinance No. 2867-10-09, Page 13 (5) The Animal Control Authority 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 Authority shall annually register a dangerous dog if the owner: a. Presents: Proof of liability insurance or financial responsibility in an amount of at least one hundred thousand dollars ($100,000.00) to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person; 2. Proof of current rabies vaccination of the dangerous dog; or 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 (2) color identification photographs of at least three (3) inches by three (3) inches of each dangerous dog with one (1) photograph showing the frontal view and the other photograph showing the side view of each dog. Id. 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 Authority 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 times. (3) If the owner of a dangerous dog sells or moves the dog to a new address, the owner, not later than the fourteenth 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 Authority with the time, 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 Authority 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 Authority 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 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. Ordinance No. 2867-10-09, Page 14 (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. (e) 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 Authority and humanely destroyed. (f) 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 Security Act, V.T.C.A., Occupations Code Ch. 1702, as amended. ' Sec. 3-17. Reserved. Sec. 3-18. Livestock. (a) It shall be unlawful for any person to keep any swine within the city. (b) It shall be unlawful for any person to keep a cow or horse on any premises, the overall area of which is less than one-third ( 1/3) of an acre for each cow or horse kept, or keep more of said animals than can be cared for under sanitary conditions. The total number of cows or horses permitted shall not exceed one (1) adult per one-third (1/3) acre for the first acre, and two (2) adults per acre for each additional acre over two (2) acres of a single tract of land. (c) Livestock pens, stables, corrals, or 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 for any person to keep any horse, cow, cattle, sheep or goat or any other livestock within one hundred fifty (150) feet of any residence or occupied building. (2) Any enclosure, pen, conal, or other restrictive area for livestock may not be located within ten (10) feet of any residentially zoned property or any property used for residential purposes. ' (e) It shall be unlawful for any person to keep any fowl, such as chickens, ducks, turkeys, geese, pigeons or guineas, except when the same are kept more than one hundred fifty (150) feet from any property line. Ordinance No. 2867-10-09, Page 15 I 1 1 (f) Riding or driving animals on sidewalks or streets: (1) It is unlawful for anyone to ride or drive an animal on a public sidewalk; (2) It is unlawful for anyone to ride or drive an animal within any portion of the street or right-of- way of a heavily traveled street; and (3) It shall be an exception to this section that a person is riding or driving an animal in a city - approved parade or event. (g) Standards for all boarding/riding stables as defined therein shall, in addition to other requirements of this city, comply with the minimum standards of this section as well as other state laws that apply: (1) All animals shall be provided with daily food and water, free from contamination. Such food shall be wholesome, palatable and of sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of the animal; (2) All equipment used for riding must properly fit each individual animal; (3) All buildings and sheds used for stabling animals shall be well lit and ventilated and provide adequate protection from the weather. All buildings and sheds used for stabling animals shall be kept clean and in good repair at all times and manure and urine shall be removed there from daily. Acceptable bedding material must be provided. Any enclosure where animals are kept shall be graded and raked to keep the surface reasonably dry; (4) Flies and other insects must be controlled through general sanitation and necessary means; and (5) Animals let for riding/teaching purposes must be in good physical condition. (6) Boarding/riding stables which rent or lend horses to the general public for pleasure riding and or lessons, and pony rides shall, in addition to the above requirements also adhere to the following standards: a. Animals shall be properly shod, and the hooves shall be kept trimmed; and b. No animal shall be made to perform by means of any prod, stick, electrical shock, physical force, or by causing pain or discomfort. Any whip or riding crop must be used so as not to cause injury to the animal. Sec. 3-19. Sanitary requirements. (a) The owner or person who has custody or control of any animal shall comply with the following standards: (l) 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 containers on impervious surfaces; (3) Refuse on the premises shall be removed and disposed of by means approved by the Animal Control Authority; Ordinance No. 2867-10-09, Page 16 (4) Watering troughs or tanks shall be equipped 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; (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 which shall allow the animal to remain dry and protected from the elements at all times; and (4) Veterinarian care as needed to prevent suffering (b) It shall be unlawful for an owner or other person having custody or control of any animal to abandon such animal. (c) No person other than a licensed veterinarian shall crop a dog's ears. ' (d) It shall be unlawful for a person to confine an animal in a parked or standing vehicle in such a way as to endanger the animal's health, safety, or welfare. It is presumed that an animal's health, safety, or welfare is endangered when the animal is confined in a parked or standing vehicle for a period of five (5) or more minutes when the ambient outside air temperature measures above eighty-five (85) degrees Fahrenheit or below thirty-five (35) degrees Fahrenheit. (e) It shall be unlawful for any person to beat, starve or overwork, or to otherwise abuse any animal. 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 governments] agency that trains or uses dogs for law enforcement or correction purposes. Sec. 3-22. Prohibited Sales. It shall be unlawful for any person to sell, exchange, trade, barter, lease, rent, give away, or display for a commercial purpose any live animal on any roadside, public right-of-way, parkway, median, park, playground, swimming pool, other recreation area, flea market, or commercial or retail parking lot that is generally accessible by the public, regardless of whether such access is authorized. Sec. 3-23. Animal fights; fighting paraphernalia. ' (a) It shall be unlawful for any person to keep, or use, or in any way be connected with, or interested in the management of any place used for the purpose of fighting animals. It shall be unlawful for any person to receive money for the admission of any person to any place kept or used for the purpose of fighting animals, or to permit or suffer any place belonging to or under his or her control to be so kept Ordinance No. 2867-10-09, Page 17 or used. It shall be unlawful for any person to aid, encourage, assist, or arrange for an animal fight, or to issue a challenge for the purpose of bringing about an animal fight. (b) It shall be unlawful for any person to have on their person or property any paraphernalia used in fighting, including but not limited to fighting rings, break sticks, fighting knives, or training facilities used to prepare animals for fighting. (c) It shall be unlawful for any person to raise, breed, maintain, or harbor any animal which is used or intended to be used for fighting. Sec. 3-24. Violations; penalties. Any violation, disobedience, omission, neglect, failure or refusal to comply with the enforcement of any of the provisions of this chapter shall be punishable by a fine not to exceed two thousand dollars ($2,000.00) for each violation. Each day that a violation is permitted to exist shall constitute a separate offense." SECTION 2. All ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect. SECTION 3. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 5. An offense committed before the effective date of this ordinance is governed by 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 6. 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 subject to the same penalty as provided for in the Code of Ordinances of the City of Allen, as previously amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) for each offense. SECTION 7. This Ordinance shall take effect immediately from and after its passage and the publication o 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 27m DAY OF OCTOBER, 2009. APPROVED: Stephen Arrell, MAYOR APPROVED AS TO FORM: ATTEST: 1 (Sak Peter G. Smith, CM ATTORNEY Se ey B. Geo , CITY SE4MTARY Ordinance No. 2867-10-09, Page 18