O-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
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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
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(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
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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