O-1144-11-92ORDINANCE NO. 1144-11-92
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,
AMENDING CHAPTER 3, "ANIMALS AND FOWL," OF THE ALLEN CODE OF
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS:
SECTION 1: That from and after the effective date of this ordinance, Chapter 3, "Animals and Fowl,"
of the Allen Code of Ordinances, and any other ordinance, or portion thereof, in conflict herewith, be
and the same is hereby amended in the following manner and shall read as follows, to -wit:
"Sec. 3-1. Definitions.
When used in this chapter, the following words and terms, unless the context
indicates a different meaning, shall be interpreted as follows:
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, fowl, and livestock, but specifically excluding
human beings.
Animal control officer: A person or persons designated by the city manager to
represent and act for the city to receive reports of animal bites, investigate bite reports,
insure quarantine of possibly rabid animals, carry out provisions of the Texas law
pertaining to control and eradication of rabies and otherwise enforce the provisions of
this chapter.
Animal shelter: Any facility designated and/or operated by the City of Allen for the
purpose of impounding and caring for animals held under authority of this ordinance.
Cat. A domesticated member of the Family Felidae (felis catus).
Chief of Police: The head of the police department or his authorized representative.
Circus: A commercial variety show featuring animal acts for public entertainment.
Commercial animal establishment: Any pet shop, auction, riding school or stable,
zoo, circus, recurring animal exhibition, kennel or other establishments in which animals
are used for commercial purposes.
Currently vaccinated: Vaccinated and satisfying the following criteria:
(1) The animal must have been at least three (3) months of age at the time of
vaccination.
(2) At least thirty (30) days have elapsed since the initial vaccination.
(3) Not more than twelve (12) months have elapsed since the most recent
vaccination.
Dangerous animal: Any animal of any species that has, with or without provocation,
attacked or bitten any person or other animal; or any animal of any species that, with or
without provocation, bites or has bitten any person or other animal causing death or
bodily injury; or any animal of any species which by its acts or conduct has exhibited
dangerous propensities, likely to be harmful to humans or other animals.
Dog. • A domesticated member of the Family Canidae, but shall not include a wolf,
jackal, coyote, fox or other wild animal of this family or hybrid thereof.
Domesticated animal. All species of animals commonly and universally accepted as
being domesticated.
Estray: Any stray horse, stallion, mare, gelding, filly, colt, mule, jenny, jack, jennet,
hog, sheep, goat, confined and domesticated hares and rabbits, or any species of cattle.
Fowl: Chickens, turkeys, pheasant, quail, geese, ducks, ostriches, emus or similar
feathered animals regardless of age, sex or breed.
Harborer.• Any person who has care, control, custody or possession of an animal or
provides a premise to which the animal returns for food, shelter or care for a period of
five (5) days.
Harboring: The act of keeping and caring for an animal or of providing a premise
to which the animal returns for food, shelter or care for a period of five (5) days.
Health officer: A licensed physician appointed by the City Council to have charge
and control of protecting and preserving the public health.
Hybrid: The product of the mating to two different species of animals regardless of
the number of generations born since that original mating.
Inhumane treatment: Any treatment to any animal in violation of Section 42.11 of
the Texas Penal Code.
Large canine breed: Dogs equivalent to or greater than forty-five (45) pounds in
weight.
Livestock: Horses, mules, donkeys, cattle, goats, sheep and swine regardless of age,
sex, size or breed, but does not include the pot-bellied pig.
Owner: Any person, firm or corporation that has a right of property in an animal
or who harbors an animal or allows an animal to remain about his premises for a period
of five (5) days.
Performing animal exhibition: Any spectacle, display, act or event other than circuses
in which performing animals are used.
Person: Any individual, firm, association, syndicate, partnership or corporation.
Pet animals: Dogs, cats, rabbits, rodents, birds, reptiles, and any other species of
animal which is sold or retained as a household pet but shall not include skunks,
nonhuman primates, ferrets and any other species of wild, exotic or carnivorous animal
that may be further restricted in this chapter.
Running at large: Not completely confined by a building, wall, or fence of sufficient
strength, height or construction to restrain the animal, except when such animal is either
on a leash or held in the hands of the owner or harborer, or under direct supervision of
the owner within the limits of the owners private property. An animal within an
automobile or other vehicle of its owner shall not be deemed 'running at large.'
Ordinance No. 1144-11-92 page 2
Spay/Neuter: The surgical removal of the reproductive organs of a dog or cat to
render the animal unable to reproduce.
Stray animal. • Any animal for which there is no identifiable owner or harborer,
which is found to be at large within the corporate limits of the City of Allen, including
estray.
Vaccinated: Properly injected with a rabies vaccine licensed for use in that species
by the United States Department of Agriculture and administered by a veterinarian
licensed to practice in the State of Texas.
Wild animals: All species of animals which commonly exist in a natural unconfined
state and are usually not domesticated. This shall apply regardless of duration of
captivity.
Sec. 3-2. Penalty.
Any person failing to comply with and/or violating any of the provisions of this
chapter shall, upon conviction, be fined not less than One Hundred Dollars ($100.00) nor
more than Two Thousand Dollars ($2,000.00).
(a) Generally. Enforcement of this chapter shall be the responsibility of the
animal control officer as appointed by the city manager.
(b) Citations -Authorized. The chief of police, a law enforcement officer or the
animal control officer shall have authority to issue citations for any violation of this
chapter.
(c) Same - Issuance. If the person being cited is not present, the chief of police,
a law enforcement officer or the animal control officer may send the citation to the
alleged offender by registered or certified mail.
(d) Enforcement interference. It shall be unlawful for any person to interfere with
the chief of police, a law enforcement officer or the animal control officer in the
performance of his/her duties.
(e) Exceptions It is not the intention of this chapter to regulate performing
animal exhibitors, zoological parks or commercial animal establishments that may be
dealt with by separate ordinance.
Sec. 3-4. Registration.
(a) Certificate.
(1) No owner shall have within the city limits any dog or cat four (4) months of
age or older unless such dog or cat is currently registered with the city. A
current metal registration certificate issued by animal control, or a
veterinarian authorized by animal control to issue the certificate, must be
affixed to a collar or harness that must be worn by the dog or cat at all
times. No dog or cat shall be registered until proof of vaccination has been
made.
(2) Application for initial issuance or renewal of each registration must be made
by the owner in writing or in person and be accompanied by a fee of three
dollars ($3.00); unless the cat or dog being registered has been neutered or
spayed and proof of such surgical sterilization can be shown to the animal
control officer or a veterinarian authorized to issue such registration, then
Ordinance No. 1144-11-92 Page 3
the fee will be one dollar ($1.00). If the original current registration
certificate is lost or destroyed, the owner may obtain a duplicate registration
from the animal control officer by paying a fee of one dollar ($1.00).
(3) Registration certificates shall be renewed annually no later than the initial
date of issuance. Certificates for the new period shall constitute a valid
registration upon issuance.
(4) Registration and/or vaccination certificates (and tags) shall be valid only for
the animal for which they were originally issued.
(5) If there is a change in ownership of a registered dog or cat, the new owner
shall have the registration transferred to his/her name. There shall be no
charge for said transfer. Application for such transfer shall be made to the
animal control department in writing or in person.
(6) Fee -exempt registrations may be issued for the following:
a. Police or sheriffs department dogs; and
b. Dogs trained to assist the audio or visually impaired person.
Eligibility for fee -exempt registration does not relieve the owner of his
responsibility under other provisions of this section.
(b) Revocation of permit. The animal control officer may refuse to register a cat
or dog, or revoke a permit issued to any person who has been convicted in any duly
authorized court of jurisdiction in the state, or resides with any person so convicted of
any of the following:
(1) Cruelty to animals as defined in the Texas Penal Code,- Article 42.11,
inhumane treatment or negligence to an animal; or
(2) Conviction of three (3) or more separate and distinct violations of an animal
control ordinance of a municipality in the state within any twelve-month
period.
Any person denied such registration may appeal the refusal to the municipal court judge.
The municipal court judge shall uphold or overturn the animal control officer's refusal
to issue a registration certificate.
Sec. 3-5. Rabies Control.
(a) Vaccinations. Every owner of a dog or cat three (3) months of age or older
shall have such animal vaccinated against rabies. All dogs or cats vaccinated at three (3)
months of age or older shall be re -vaccinated at one (1) year of age and annually
thereafter. Any person moving into the city from a location outside of the city shall
comply with this chapter within ten (10) days after having moved into the city. If the dog
or cat has inflicted a bite on any person, or another animal, within the last ten (10) days,
the owner of said dog or cat shall report such fact to the veterinarian and no rabies
vaccine shall be administered until after the ten-day observation period.
(b) Certificate of vaccination. Upon vaccination, the veterinarian shall execute
and furnish to the owner of the dog or cat as evidence thereof a certificate upon a form
furnished by the veterinarian. The veterinarian shall retain a duplicate copy. Such
certificate shall contain the following information:
Ordinance No. 1144-11-92 Page 4
(1) The name, address and telephone number of the owner of the vaccinated
dog or cat;
(2) The date of vaccination;
(3) The year and number of the rabies tag; and
(4) The breed, age, color and sex of the vaccinated dog or cat.
(c) Rabies tags Concurrent with the issuance and delivery of the certificate of
vaccination referred to in subsection (b), the owner of the dog or cat shall cause to be
attached to the collar or harness of the vaccinated dog or cat a metal tag, serially
numbered to correspond with the vaccination certificate number, bearing the year of
issuance and the name of the issuing veterinarian and his address. The owner shall cause
the collar or harness with the attached metal tag to be worn by his/her dog or cat at all
times.
(d) Duplicate tags In the event of loss or destruction of the original tag provided
in subsection (c), the owner of the dog or cat shall obtain a duplicate tag. Vaccination
certificates (and tags) shall be valid only for the animal for which they were originally
issued.
(e) Proof. It shall be unlawful for any person who owns or harbors a vaccinated
dog or cat to fail or refuse to exhibit his copy of the certificate of vaccination upon
demand to any person charged with the enforcement of this chapter.
(f) Harboring unvaccinated animals. It shall be unlawful for any person to
harbor any dog or cat which has not been vaccinated against rabies, as provided herein,
or which cannot be identified as having a current vaccination certificate.
(g) Animals exposed to rabies. Any person having knowledge of the existence of
any animal known to have been, or suspected of being, exposed to rabies must
immediately report such knowledge to the animal control officer, giving any information
which may be required. For any animal to have been, or suspected of being, exposed to
rabies, the following rules must apply:
(1) Animals having a current vaccination must be re -vaccinated immediately and
confined at the owner's expense according to the method prescribed by the
animal control officer for a period of not less than forty-five (45) days.
(2) Animals not having a current vaccination should be humanely destroyed.
However, if the owner of such an animal elects, he may, at his expense and
in a manner prescribed by the animal control officer, confine said animal.
Such animal must be vaccinated immediately following exposure and
confined • for not less than three (3) months. A re -vaccination shall be
administered on the third (3rd) and eighth (8th) week prior to release from
confinement.
Sec. 3-6. Running at large.
(a) Dogs and other animals It shall be unlawful for any dog or other animal
possessed, kept or harbored, other than a cat, to be running at large, as is defined in
section 3-1.
(b) Impoundment. The animal control officer is authorized to impound such
animals running at large, other than a cat, and may impound a cat under conditions
specified in section 3.11, or when he has receive a complaint that the cat has caused a
Ordinance No. 1144-11-92 page 5
nuisance or hazard to the health or welfare of humans or the animal population
Sec. 3-7. Nuisance.
(a) Noise. A person commits an offense if he knowingly harbors an animal that
unreasonably barks, howls, crows or makes other unreasonable noise near a private
residence.
(1) A person who is disturbed by an animal that unreasonably barks, howls,
crows or makes other unreasonable noise near a private residence may file
a complaint with the animal control officer. A complaint must include the
name and address of the complainant, the exact address of the disturbance,
the type of animal causing the disturbance and the times that the animal is
causing the disturbance.
(2) The animal control officer shall hand deliver or mail the owner or harborer
of the animal a notice that a disturbance complaint has been received. A
copy of the notice shall be mailed to the complainant.
(3) If an owner or harborer continues to allow his animal to cause a disturbance,
the complainant may file a complaint in writing with the municipal court.
(b) Offensive odors It shall be unlawful for any person to keep any animal in
such a manner as to endanger the public health, or to annoy neighbors by the
accumulation of animal wastes which cause foul and offensive odors or are considered
to be a hazard to any other animal or human.
(c) Animals defecating, urinating in public places prohibited. It shall be unlawful
for the owner to permit, either willfully or through failure to exercise the care and
control, any such dog or animal to urinate or defecate upon the sidewalk or parkway or
any public street, or upon the floor of any common hall in any entrance way, stairway or
wall of any public place or building and any private property not his own, and it shall be
the responsibility of the owner to remove any excreta deposited by his animal.
(d) Bees. The keeping of bees in such a manner as to deny the lawful use of
adjacent property or endanger personal health and welfare is prohibited.
(e) Cats Persistent laxness in the supervision of cats so that their running at
large results in an unreasonable disturbance to a person or persons is prohibited.
Sec. 3-8. Reporting bites to humans from animals susceptible to rabies.
(a) Reporting animal bites. Any person having knowledge of an animal bite to
a human will report the incident to the city animal control officer as soon as possible, but
not later than twenty-four (24) hours from the time of the incident.
(b) Owner responsibility. The owner of the biting animal will place that animal
in quarantine as prescribed in section 3-9 under the supervision of the animal control
officer.
(c) Reporting forms. The animal control officer will investigate each bite
incident, utilizing reporting forms.
(d) Bite exclusions. Human bites from rodents, rabbits, birds and reptiles are
excluded from the reporting requirements of this section.
Ordinance No. 1144-11-92 page 6
Sec. 3-9. Quarantine procedures for animals.
(a) Disposition of biting animals. When a dog or cat which has bitten a human
has been identified, the owner will be required to produce the animal for a period of not
less than ten (10) days' confinement at the owner's expense. Refusal to produce said dog
or cat constitutes a violation of this section and each day of such refusal constitutes a
separate and individual violation. The observation period will begin on the day of the
bite incident. The animal must be placed in the animal control facilities specified for this
purpose. However, the owner of the animal may request permission from the animal
control officer for home quarantine if the following criteria can be met:
(1) Secure facilities must be available at the home of the animal's owner and
must be approved by the animal control officer.
(2) The animal is currently vaccinated against rabies.
(3) The animal was not 'running at large' at the time the bite occurred.
(4) The animal control officer or a licensed veterinarian must observe the
animal at least on the first and last days of the quarantine period. If the
animal becomes ill during the observation period, the animal control officer
must be notified by the person having possession of the animal. At the end
of the observation period the release from quarantine must be accomplished
in writing.
(5) If the biting animal cannot be maintained in secure quarantine, it shall be
humanely destroyed and the brain submitted to a Texas Department of
Health certified laboratory for rabies diagnosis.
(b) Interruption. It shall be unlawful for any person to interrupt the observation
period. Any interruption of the quarantine by any person shall be just cause for seizure
and impoundment of the quarantined animal by animal control.
(c) Wild animals No wild animal will be placed in quarantine. All wild animals
or hybrid thereof involved in biting incidents will be humanely euthanized in such a
manner that the brain shall be submitted to a Texas Department of Health certified
laboratory for rabies diagnosis.
(d) Authorization for quarantine. The health officer, in the event a potential
outbreak of rabies is suspected in the dog, cat or other animal population and the danger
of the public safety from rabid animals is reasonably imminent, is hereby authorized, and
it shall be that person's duty, to issue a quarantine proclamation ordering persons
owning, keeping or harboring any dog or cat, to muzzle the same or confine it as
provided in this section for during such times as may be specified in the quarantine
proclamation. All dogs, cats or other animals found at large during the time specified
by the health officer in his quarantine proclamation that are not being properly confined
or muzzled and under the control of an adult person may be destroyed by an officer of
the city under procedures established by the health officer.
Sec. 3-10. Dangerous animals.
(a) At large. Any dangerous animal found running at large may be destroyed by
any peace officer or animal control officer in the interest of public safety.
(b) Removal from the City. The animal control officer may order any owner,
harborer or person having care, control or custody of any dangerous animal to take such
animal permanently from the city. This animal must be removed immediately following
Ordinance No. 1144-11-92 page 7
receipt of such an order even if an appeal is initiated. This order may be appealed in
writing within thirty (30) days to the municipal court judge. The municipal court judge
may uphold or reverse the animal control officer's order and may stipulate restrictions
as provided in the Texas Health and Safety Code, Section 822.043, or any other statute
that may be applicable.
(c) Impoundment. If the owner or person having the care, custody or control
of a dangerous animals fails to remove such animal as provided for in subsections (a) and
(b) of this section, such animal may be impounded and/or destroyed.
(d) Owner to report disposition and relocation. The owner, harborer or person
having care, custody or control of a dangerous animal must report the disposition and
relocation of such animal.to the animal control officer, in writing, within ten (10) days
after the expiration date for removal of such animal from the city. Each day thereafter
such information is not provided shall constitute a separate offense.
(e) Search warrant. The animal control officer shall be authorized to obtain a
search and seizure warrant if there is reason to believe that an animal ordered removed
from the city for being dangerous has not been so removed.
Sec. 3-11. Impoundment - Generally.
(a) Generally. Any animal violating any provisions of this chapter may be
impounded.
(b) Complainant. If any animal named in this chapter is found running at large
and upon the premises of any person, the owner or occupant of the premises shall have
the right to confine such animal in a humane manner until he can notify the animal
control officer to impound such animal. When so notified, it shall be the duty of the
animal control officer to have such animal impounded as herein provided.
(c) Locating owner. Reasonable effort shall be made by the animal control
officer to contact the owner of any animal impounded which is wearing a current
vaccination tag; however, final responsibility for locating an impounded animal is that of
the owner.
(d) Animal redemption. The owner can resume possession of any animal upon
payment of impoundment fees, handling fees and any veterinary bills incurred by animal
control for the welfare of the animal and upon compliance with the vaccination and
registration provisions of this chapter, except where prohibited in subsections (e) and (f)
of this section.
(e) Disposition of animals treated inhumanely. Disposition of animals impounded
on the grounds of cruel or inhumane treatment shall be determined by the court of
jurisdiction.
(f) Release from quarantine. If any animal is being held under quarantine or
observation for rabies, the owner shall not be entitled to possession until it has been
released from quarantine by animal control.
(g) Location of impoundment. The city manager shall select and establish a
place for impounding all animals impounded under any provision of this chapter.
(h) Euthanasia. Any animal, except dangerous or wild animals, not reclaimed
by the owner may be humanely euthanized after being impounded for five (5) days,
except that any animal wearing a current registration tag shall be impounded for seven
(7) days.
Ordinance No. 1144-11-92 page 8
(i) Disposal of dangerous and wild animals. Any impounded dangerous or wild
animals, unless there is a reason to believe that it has an owner, may be immediately
disposed of as may be deemed appropriate by the animal control officer.
(j) Baby animals Any nursing baby animal impounded without the mother or
where the mother cannot or refuses to provide nutritious meal may be immediately
euthanized to prevent suffering.
(k) Owner relinquishing responsibility. An owner who no longer wishes
responsibility for an animal, or believes the animal to be in an ill or injured condition,
may sign a written waiver supplied by the animal control officer allowing the animal to
be immediately euthanized in a humane manner, adopted or given to a non-profit
humane organization.
(1) Injured animals. Any impounded animal that appears to be suffering from
extreme injury or illness may be euthanized or given to a non-profit humane organization
for the purpose of veterinary medical care, as determined by the animal control officer.
(m) Animal adoption. Any impounded dog or cat not wearing a registration tag
may be deemed adoptable by the animal control officer after five (5) days of
impoundment. Any impounded dog or cat wearing a registration tag may be deemed
adoptable after the seventh (7th) day of confinement, except those under quarantine.
Sec. 3-12. Impoundment fees.
(a) Generally. The following fees shall be collected:
First Second Third Fourth
Impoundment Impoundment Impoundment Impoundment
In 12 Months In 12 Months In 12 Months In 12 Months
$25.00
$30.00
$35.00
$40.00
(b) Handling fee - Impounded animals. A daily handling fee of three dollars
($3.00) shall be charged for every day or fraction thereof after the first day of
impoundment that an animal is at the animal shelter in addition to the impoundment fee.
(c) Same - Quarantined animals The owner of a cat or dog held in quarantine
for observation purposes shall be charged five dollars ($5.00) for every day or fraction
of a day an animal is quarantined. This is in addition to any impoundment fee.
Sec. 3-13. Adoption procedures for dogs and cats.
(a) An individual may adopt an animal (dogs and cats) from the city animal
shelter under the following conditions:
(1) The prospective adopter completes the animal adoption agreement form;
(2) The animal has been classified as adoptable by the animal control officer;
(3) The prospective adopter has proper facilities to care for the animal;
(4) The prospective adopter obtains all necessary vaccinations and registrations;
and
(5) The fee for adopting shall be ten dollars ($10.00). A thirty dollar ($30.00)
fee shall be charged in addition to the $10.00 adoption fee for any animal
Ordinance No. 1144-11-92 page 9
that has already been spayed or neutered at the time of adoption. This fee
may be waived when given to a non-profit humane organization. It shall be
a violation if the purchaser of any dog or cat from the City of Allen Animal
Shelter fails to have said animal vaccinated for rabies, spayed or neutered,
and obtain registration within thirty (30) days from the date of purchase.
The animal control officer shall allow additional time in the case of dogs or
cats that are less than six (6) months of age.
The purchaser of any dog or cat must have it vaccinated, spayed or neutered
and obtain a city registration tag within thirty (30) days after purchase or
animal control shall have the right of immediate return of the animal to the
animal shelter. The animal control officer shall allow additional time in the
case of dogs or cats that are less than six (6) months of age.
(b) The animal control officer may refuse to allow a person to adopt a cat or
dog whom he/she has reason to believe:
(1) Would not be able to obtain a registration certificate under restrictions of
this Code;
(2) Would not have proper facilities to contain or care for the animal, as
required by this Code;
(3) Wants the dog or cat for the purpose of resale or for purposes other than
pet ownership; and
(4) Would not be a suitable owner within the sole discretion of the animal
control officer or if he/she has reason to believe that the cat or dog would
be a hazard to humans or other animals.
Sec. 3-14. Prohibited animals.
(a) Rabbits; fowl. It shall be unlawful for any person to sell, offer for sale, barter
or give away as toys, premiums or novelties, baby chickens, ducklings or other fowl under
three (3) weeks old and rabbits under two (2) months old, unless the manner or method
of display is first approved by the animal control officer. It shall be unlawful to color,
dye, stain or otherwise change the natural color of any chickens, ducklings, 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. No person shall keep more than two
(2) 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.
(b) Wild animals generally. It shall be unlawful for any person to keep any wild
animal inside the city except in circuses, performing animal exhibitions, zoological parks
and commercial animal establishments.
(c) Wild or dangerous animal at large. It shall be unlawful for any person to
release or allow to run at large any wild or dangerous animal.
(d) Animal limitations. It shall be unlawful for any person to keep or harbor
more than four (4) domesticated animals of the same species over the age of six (6)
months in any residential area within the corporate limits of the city. In no case shall
more than two (2) animals of the large canine breeds be kept within any residential area
of the city.
(e) Livestock. No person shall keep livestock closer than one hundred fifty (150)
feet to any property lines adjoining that on which the livestock is kept. Provided,
Ordinance No. 1144-11-92 page 10
however, that the preceding sentence shall not be applicable to anyone who keeps such
animals in an enclosure, which enclosure is at least two (2) acres in area and no part of
which is within one hundred (100) feet of the residence of another; it being the purpose
to limit this chapter to more populated areas of the city and it shall not be applicable to
sparsely populated areas within the corporate limits of the city; provided, however, that
no property in the city shall be used as a kennel or boarding place for livestock or
domesticated animals unless such property is zoned for such use.
(f) Prohibited animal. Means an animal, other than a common domestic species
and regardless of state or duration of captivity, that poses a potential physical or disease
threat to the public or that is protected by international, federal or state regulations,
including but not limited to the following:
(1) C1assReptilia: Family Helodermatidea (venomous lizards); Family Viperidae
(rattle snakes, copperheads, cotton mouths, other pit vipers and true vipers);
Family Elapidae (coral snakes, cobras, mambas and other Elapids); the
following listed species of Family Colubridae-Dispholidus typos (Bloom
slang), Hyrodynastes gigas (water cobra), Boiga (mangrove snake) and
Thelotornis (African twig snake) only; Order Phidia, Family Doidae (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, cassowaines and emus); and
Order Sting forms (such as owls);
(3) Class Mammalia: Order Carnivora, Family Felidae (such as ocelots,
margays, tigers, jaguars, binturongs, leopards and cougars), except commonly
accepted domesticated cats; Family Canidae (such as wolves, dingoes,
coyotes and jackals), except domesticated dogs; Family Mustelidae (such as
weasels, skunks, ferrets, martins, mink and badgers); Family Procyonidae
(raccoon); Family Ursidae (such as bears); Order Marsupialia (such as
kangaroos and common opossums); Order Edentata (such as sloths,
anteaters and armadillos); Order Proboscidae (elephants); Order Primata
(such as monkeys, chimpanzees and gorillas); Order Rodentia (such as
porcupines); and Order Ungulata (such as antelope, deer, bison and camels).
(4) Animals not listed. The animal 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/or safety.
(g) It shall be unlawful for any person to keep, harbor or possess any dangerous
animal, as described in Section 3-1, in any area of the city.
Sec. 3-15. Use of traps with holding mechanisms prohibited.
A person commits an offense if, within the city limits, he/she sets up or allows to be
set up on his/her property a steel jaw trap, a spring trap with teeth or perforated edges
on the holding mechanism, or any type of trap with a holding mechanism designed to
reasonably ensure the cutting, slicing, tearing or other wise traumatizing of the entrapped
prey.
Sec. 3-16. Removal of animals from city animal shelter.
A person commits an offense if he/she removes or attempts to remove an animal
from the city animal shelter without first paying all impoundments, maintenance and
Ordinance No. 1144-11-92 page 11
other redemption fees assessed.
Sec. 3-17. Tying dogs and other animals.
It shall be unlawful for any person to tie or tether a dog or other animal to a
stationary object for a period of time 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 officer.
Sec. 3-18. Fenced enclosures.
It shall be unlawful for any person to keep a dog or other animal within a fenced
enclosure in which the fence is in a state of disrepair:'
Sec. 3-19. Euthanasia and/or disposal fee.
Animal control shall charge a fee of ten dollars ($10.00) per animal for a requested
euthanasia and/or disposal of an animal. The owner or requestor shall reside or be
located within the city limits at the time of the request for euthanasia and/or disposal.
Sec. 3-20. Requirements on keeping pot-bellied pigs.
(a) The term 'pot-bellied pig' shall refer to a variety of swine whose weight does
not exceed one hundred (100) pounds when fully grown.
(b) It shall be unlawful for any person to own or harbor more than one (1) pot-
bellied pig within the city limits of the City of Allen.
(c) All such pot-bellied pigs shall be kept indoors at all times other than times
for evacuation of waste material or during exercise periods. The animals may not be left
in the back yard or front yard of the owner's or harborer's residence unattended.
(d) Pot-bellied pigs are subject to all applicable sections of this chapter, including
the requirements of Section 3-6 which prohibits animals from running at large.
(e) It shall be unlawful for any person to keep, harbor or raise a pot-bellied pig
which has not received annual vaccinations for erysipelas, parvo virus, and leptospirosis
(the first of which shall be obtained before the animal reaches the age of four [4]
months). It shall be the responsibility of the owner or caretaker of the pot-bellied pig
to forward to animal control, within fourteen (14) days of vaccination, a certificate from
a licensed veterinarian which shall include the following information:
(1) Name, address and phone number of the owner.
(2) Name, address and phone number of the licensed veterinarian issuing the
certificate.
(3) The name and description of the animal.
(4) The types and dates of vaccinations.
(5) The tag number.
(6) The approximate weight, height and age of the animal.
(7) The animal's general health.
Ordinance No. 114 4 -11- 9 2 page 12
(f) Should the pot-bellied pig die or be moved or acquire a new owner or
harborer, it shall be the owner's or harborer's responsibility to inform the animal control
officer of the change.
(g) All pot-bellied pigs quarantined under the provisions of Sec. 3-9 will be done
in accordance with the guidelines established by the Texas Department of Health
pertaining to pot-bellied pigs.
da. (h) All pot-bellied pigs will be quarantined at the rate of ten dollars ($10.00) per
Y
SECTION 2: It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses, and phrases of this ordinance are severable; and if any phrase, clause,
sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgment or
decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any
other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council
hereby declares it would have passed the remaining portions even though it had known the affected parts
would be held unconstitutional.
SECTION 3: This ordinance shall take effect immediately from and after its passage and publication
as required by law.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS,
ON THE 19TH DAY OF NOVEMBER , 1992.
APPROVED:
Joe Farmer, MAYOR
ATTEST:
Mo n, CITY SECRETARY
Ordinance No. 1144-11-92 page 13
- AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE
TACKETT, who having been by me duly sworn, on oath deposes and says:
That she is the General Manager of THE ALLEN AMERICAN, a newspaper published in
COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in
said county, and having been published regularly and continously for more than twelve (12)
months prior to publishing
Ordinance #1144-11-92
of which the attached is a true and written copy, and which was published in THE ALLEN
AMERICAN on
wednesday Nov. 25, 1992 & Sun. Nov. 29, 1992 _
and which was issued on November 25, 1992
by C i t y of Allen of COLLIN COUNTY, TEXAS.
A printed copy of said publication is attached hereto.
•, T
SUBSCRIBED AND SWORN to before me thisay day ofA.D. 19 93-
WF :V. A.TMY COMMISSION EXPIRES
••�l•_:.; December 5,1
Publisher's fee $
BLIC in and for COLLIN COUNTY, TEXAS
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen City
Council adopted the following ordinance at
their regular meeting held on Thursday,
November 19, 1992 (Title only):
Ordinance No 1144-11-92: An Ordinance
of the City of Allen, Collin County, Texas,
Amending Chapter 3, "Animals and Fowl,"
of the Allen Code of Ordinances; and Pro-
viding for an Effective Date.
A copy of this ordinance may be read or
purchased in the office of the City Secret-
ary. City of Allen, One Butler Circle, Allen,
Texas 75002.
/s/ Judy Morrison
City Secretary
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen City
Council adopted the following ordinance at
their regular meeting held on Thursday,
November 19, 1992 (Title only):
Ordinance No 1144-11-92. An Ordinance
of the City of Allen, Collin County. Texas,
Amending Chapter 3, "Animals and Fowl,"
of the Allen Code of Ordinances; and Pro-
viding for an Effective Date.
A copy of this ordinance may be read or
purchased in the office of the City Secret-
ary, City of Allen, One Butler Circle, Allen,
Texas 75002.
/s,l Judy Morrison
City Secretary