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Below are some summaries of important ordinances followed by the ordinances themselves. The City of Plano Ordinances Requires: - Your pet, including cats, MUST be physically restrained by a fence, on a leash or in your home at all times.
- All pets are required to be properly vaccinated against rabies by 4 months of age and
be given a booster one year after the initial vaccination. Following these first 2 vaccinations, dog & cats can be vaccinated at either 1-year or 3-year intervals, depending on the type of rabies vaccine used. Local ordinances may have more stringent requirements. - All pets (dogs, cats, ferrets and potbellied pigs) must be registered with the Animal Services Department.
- All pets MUST wear their current City Registration and tag at all times. These tags are vital if your pet is lost, stolen or injured when running at large.
It is unlawful for an owner or any person to: Fail to prevent their animal from running at large within the City Limits. Allow their animal to run FREE in City Parks. Dogs are welcome to run off lead at the Jack Carter Dog Park. Call 972.941. BARK for more info. Allow their animal to be on a leash more than six (6) feet in length. Abuse or cruelly mistreat any animal or fail to provide it with proper food, water and shelter or abandon the animal. Allow their pet's quarters to become unsanitary, malodorous or obnoxious to others. Allow excreta deposited by his/her animal to remain on private or public property. What may happen if you do not take proper care of your pet: It may be killed or injured on the streets or freeways of the City. It may be Impounded at the City Animal Shelter and you will be charged to redeem your pet. You may also be issued citations. You may be summoned to Municipal Court for not complying with City Ordinances. All strays are held for five (5) days and then become the property of the City. Texas State Animal Regulations City of Plano Animal Regulations Sections: 4-1 Definitions 4-2 Penalties 4-3 Enforcement 4-4 Payment of Fees Generally 4-5 Exemptions from License and Permits 4-6 Dog and Cat Permits and Tags (Generally) 4-7 Dog and Cat Permits and Tags (Exemptions) 4-8 Dog and Cat Permits and Tags (Transfer; used for other animal) 4-9 Permit/License Revocation 4-10 Vaccination of Animals Capable of Transmitting Rabies 4-11 Rabies Control 4-12 Bites by Animals 4-13 Dangerous Animals 4-14 Dangerous Animals (Complaints) 4-15 Dangerous Animals (Appeal) 4-16 Dangerous Animals (Registration) 4-17 Restraint 4-18 Impounds of Animals 4-19 Kennels or Commercial Breeders 4-20 Wild/Prohibited Animals 4-21 Bees 4-22 Livestock 4-23 Protection of Animals 4-24 Public Nuisances 4-25 Traps 4-26 Fees for Pickup of Dead Animals 4-27 Ferrets Section 4-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, exception where the context clearly indicates a different meaning: Abandoned animal shall mean any animal that has not been provided with one (1) or more of the necessities of life including air, food, water or protection from the sun and other elements of nature or has been left in the custody of another person without their consent. Adult animal means an animal that is six (6) months of age or older. Animal means any live, vertebrate creature, domestic or wild. Animal control authority/officer means a person designated by the city to represent and act for the city in the impounding of animal, controlling of animals running at large and as otherwise required to enforce the provisions of this chapter and to enforce all regulations relating to animals as authorized by the state. Animal shelter means a facility operated by the city for purpose of impounding or caring for animals held under the authority of this chapter or state law. Apiary means a place where bee colonies are kept. At large means: (1) Off premises. Any animal which is not restrained by means of a leash or chain of sufficient strength and not more than six (6) feet in length to control the actions of such animal while off the owner's property. (2) On premises. Any animal not confined on premises of owner by substantial fence of sufficient strength and height to prevent the animal from escaping therefrom or secured on the premises by a metal chain or leash sufficient in strength to prevent the animal from escaping from premises and so arranged that the animal will remain upon the premises and not come any closer than six (6) feet to a public walkway or sidewalk when the restraint leash is stretched to full length. Bee means any stage of the common domestic honey bee, Apis mellifera species. Cat means a domesticated animal that is a member of the feline family (Felis domesticus). Circus means a commercial variety show featuring animal acts for public entertainment. Colony means a hive and its equipment and appurtenances including bees, comb, honey, pollen and brood. Commercial animal establishment means any pet shop, auction, riding school or stable, zoological park, circus, recurring animal exhibition or kennel. Commercial breeder means any person(s) who: (1) Breeds dogs or cats: and (2) Sells or otherwise transfers possession of the offspring of a breeding dog or cat to another person for the purpose of breeding, show, personal pet or resale to a third person: and (3) Sells or otherwise transfers possessions of more than twelve (12) dogs or twelve (12) cats, or more than (2) litters (whichever is greater) or any combination within any twelve-month period for a purpose as described in paragraph (1) of this subsection. Currently vaccinated means vaccinated against rabies and satisfying the following criteria: (1) The animal must have been at least three (3) months of age at the time of vaccination: and (2) At least thirty (30) days have elapsed since the animal was vaccinated: and (3) Not more than (12) months have elapsed since the date of the most recent vaccination of the animal. Dangerous animal means any animal that: (1) Makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the animals was being kept and that was reasonably certain to prevent the animal from leaving the enclosure on its own; or (2) Commits unprovoked acts in a place other than an enclosure in which the animal was being kept and that was reasonably certain to prevent the animal from leaving the enclosure on its own and those acts cause a person to reasonably believe that the animal will attack and cause bodily injury to that person; or (3) Has attacked and bitten another animal without provocation on one (1) previous occasion. Director of health means the chief officer appointed by the city manager to direct the operations of the health department, or his designee, by whatever name shall be known. Dog means a domesticated animal that is a member of the canine family (Canis familiaris).
Farm/ranch means an area of five (5) acres or more which is used for growing usual farm products, vegetables, fruits, trees, and grains and for the raising thereon of the usual farm poultry and farm animals such as horses, cattle and sheep including the necessary accessory uses for raising, treating and storing products raised on the premises, but not including the commercial feeding of offal or garbage to swine or other animals and not including any type of agriculture or husbandry specifically prohibited by ordinance or law.
Ferret, domestic means a domesticated member of the family Mustilidae, specifically Mustela putorius furo.
Health department means the director of health of the city and his designated representatives.
Hive means a structure intended for the housing of a bee colony.
Kennel means:
(1) Any lot, building, structure, enclosure or premises where five (5) or more adult animals are kept; and
(2) Any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs, cats, or other animals.
Livestock means all domesticated animals, including but not limited to horses, cows, mules, goats, sheep, pigs, hogs, rabbits, and pigeons, and does not include dogs and cats. Micro-chip means a computer chip that is preprogrammed with a unique alphanumeric combination code which is inserted into the animal.
Notice/official notice means by personal service, certified mail return receipt requested, or a written notice left at the entrance to the premise where the animal is harbored.
Owner means any person, partnership, or corporation owning, keeping, or harboring one (1) or more animals. An animal shall be deemed to be harbored if it is fed or sheltered for three (3) consecutive days or more.
Performing animal exhibition means any spectacle, display, act or event other than circuses in which performing animals are used.
Pet means any animal kept for pleasure rather than utility.
Public nuisance means a condition which exists when any owner or person allows an animal to: Molest passerby or passing vehicles; attack other animals; repeatedly roam at large; damage public or private property; bark, whine, meow, crow, howl, or otherwise make noise in an excessive, continuous, or untimely fashion; or, violate any of the conditions set forth in section 4-24 of this chapter.
Restraint means secured by a leash, lead, cord, chain or rope six (6) feet or less in length; or secured within a kennel or pen, or secured within the fenced real property limits of its owner, and may not come any closer than six (6) feet to a public walkway or sidewalk when the restraint lead is stretched to full length.
Riding school/stable means any place which has available for hire, boarding, and/or riding instruction any horse, pony, donkey, mule or burro.
Secure enclosure means a fenced pen, kennel or structure that is locked, and is capable of preventing the entry of the general public, including children; is capable of preventing the escape or release of an animal; is clearly marked as containing a quarantined/dangerous animal; and is in conformance with any additional requirements for enclosures, as established and provided in writing to the owner by the health department.
Tract means a contiguous parcel of land under common ownership. Undeveloped property means any idle land that is not improved or actually in the process of being improved with residential, commercial, industrial, church, park, school, or governmental facilities or other structures or improvements intended for human use occupancy and the grounds maintained in association therewith. The term shall be deemed to include property developed exclusively as a street or highway or property used for commercial agricultural purposes.
Unprovoked means that the animal was not hit, kicked, pulled, struck, pinched, or squeezed by a person with an object or a part of the person's body, or otherwise teased or tormented in any manner. Vaccination means an injection of United States Department of Agriculture approved rabies vaccine administered every twelve (12) months or as prescribed by the Texas Board of Health by a licensed veterinarian.
Veterinary hospital/clinic means any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals.
Wild/prohibited animal means any live animal, other than a common domestic species, regardless of the state or duration of captivity which can be normally found in the wild state, or may pose 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 Reptillia. Family Heldermatidea (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 typus (boomslang), Hydrodynastes gigas (water cobra), Bioga (mangrove snake), and Thelotornis (African twig snake) only; Order Phidia, Family Boidae (racers, boas, water snakes, and pythons); and Order Crocadilla (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, martins, mink, and badgers) except domestic ferrets (Mustela putorius furo); Family Procyonidae (raccoon); Family Ursidae (such as bears); Order Marsupialia (such as kangaroos, wallabies 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), unless the Order Ungulata are located on premises which meet the definition of the farm/ ranch;
(4) Animals not listed. The director of health 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; and does not mean any bird kept in a cage or aviary that is not regulated by international, federal, or state law, or a gerbil, hamster, guinea pig, or laboratory mouse or rat.
Zoological park means any facility other than a pet shop or kennel, displaying or exhibiting one (1) or more species of nondomesticated animals, operated by a person, partnership, corporation, or governmental agency. Sec. 4-2. Penalties.
(a) Any person violating any provision of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished as provided in section 1-4 of this Code.
(b) In addition to the penalty provided above, violations of any provision or section of this chapter shall incur civil penalties up to one thousand dollars ($1,000.00) per day for each violation, as provided by Local Government Code section 54.017, as the same may be amended from time to time. Each day a violation continues shall be deemed a separate offense.
(c) The city shall be entitled to pursue all other criminal and civil remedies to which it is entitled under the authority of other ordinances or state law.
Sec. 4-3. Enforcement.
(a) The provisions of this chapter shall be enforced by representatives of the health department. The health director and animal control officer have the authority to issue citations to persons violating the provisions of this chapter. (b) It shall be unlawful for any owner or person to interfere with an animal control officer or the health director in the performance of his duties as prescribed by this chapter.
(c) Animal control officers have the right to pursue and apprehend animals running at large onto private property while enforcing the provisions of this chapter.
Sec. 4-4. Payment of fees generally.
The health department shall be responsible for collecting all fees established and levied in accordance with this chapter. The director of health or his designee shall have the authority to refund or waive fees under this chapter. Any refund or waiver of fees shall be documented by the director of health or his designee. All fees applicable hereunder shall be established by ordinance or resolution of the city council.
Sec. 4-5. Exemptions from license and permit requirements. [The following are exempt from license and permit requirements:] (1) Veterinary hospitals/clinics and government operated shelters and government operated zoological parks.
(2) An animal brought into the city for not more than ten (10) days for breeding, trial or show purposes.
(3) A circus, carnival or zoo that is licensed under the federal Animal Welfare Act (7 U.S.C. section 2131 et seq.) and that furnishes proof to the director of the health department or his representative that it is inspected by the federal agency administering that Act at least once each calendar year. (4) A zoo that is operated by a political subdivision of the state or that is accredited by the American Association of Zoological Parks and Aquariums.
(5) Farm/ranch premises where nonindigenous ruminates are bred and raised. (6) An organization sponsoring, and all persons participating in, exhibitions of domestic livestock shows and rodeos.
Sec. 4-6. Dog and cat permits and tags— Generally.
(a) It shall be unlawful for any person to own, keep or harbor any dog or cat, within the city, unless a current registration permit has been issued for such dog or cat in accordance with this section
(b) The owner, keeper or harborer of any dog or cat within the city shall make application to the director of the health department of the city or his representative for a registration permit for such dog or cat. Such application shall contain information on the dog's or cat's description, date of vaccination, and name, address and telephone number of the owner, keeper or harborer. The owner, keeper or harborer shall also present to the director of the health department of the city or his representative a current certificate of vaccination issued for such dog or cat in accordance with section 4-10.
(c) The application described in this section shall be accompanied by a fee as shall be established by city council.
(d) Upon the owner's compliance with the above provisions of this section, the health director or his representative shall register the dog or cat and issue a metal registration tag, which shall be attached to the dog's or cat's collar, and which shall be worn by the dog or cat at all times.
(e) Registration shall be valid for one (1) year from the date of issue.
(f) If a permit tag issued under this section is lost or stolen, it may be replaced by payment of the appropriate fee established by city council and presentation of the registration permit. If the tag and registration permit are both lost or stolen, a new permit must be purchased at the regular fee as set out above. (g) Any false statement in a rabies certification, or application for a permit under this section, shall render null and void the permit issued for such dog or cat and shall subject such dog or cat to being impounded in accordance with the provisions of this chapter.
Sec. 4-7. Same—Exceptions.
Fees under section 4-6 shall not be required for dogs trained to assist the auditory or visually impaired person nor for government police dogs.
Sec. 4-8. Same—Transfer; used for other animal.
(a) It shall be unlawful for any person to use any permit or tag for any animal other than the animal for which it was issued.
(b) Permits and tags shall not be transferable among animals or their owners.
Sec. 4-9. Permit/license revocation.
(a) The health department may revoke any permit or license of any person regulated by this chapter if the person holding the permit or license refuses or fails to comply with this chapter or any law governing the protection and keeping of animals.
(b) Reserved.
Sec. 4-10. Vaccination of animals capable of transmitting rabies.
The owners of all animals capable of transmitting rabies shall have such animals vaccinated, by the age of four (4) months and every twelve (12) months thereafter or as prescribed by the Texas Board of Health against rabies with a vaccine approved by the United States Department of Agriculture and administered by a licensed veterinarian, who shall issue to the owner of the animal a vaccination certificate. The owner shall retain such certificate until the vaccination is renewed. At the time of vaccination, a metal tag shall be issued by the veterinarian showing the name of the veterinary clinic, the tag number, and the year of issuance.
Sec. 4-ll. Rabies control.
(a) It shall be the duty of the owner or harborer of any animal or practicing veterinarian to report to the health department all suspected cases of rabies. The report shall be made immediately upon diagnosis or suspicion of rabies in animals.
(b) Should a potential outbreak of rabies within the city be suspected and the danger to the public safety from rabid animals be reasonably imminent, the health director is hereby authorized to issue a quarantine proclamation, ordering persons owning, keeping, or harboring dogs, cats or other animals to muzzle the same or confine them for such time as may be specified in such quarantine proclamation. Upon the publication of such proclamation by local newspapers, persons owning or harboring such animals shall confine them to premises unless they are effectively muzzled and under the control of an adult person by leash, cord, chain, or rope. Animals found at large in violation of this subsection may be destroyed by an officer of the city if such officer is unable with reasonable effort to apprehend such animals for impoundment.
Sec. 4-12. Bites by animals.
(a) The health department shall investigate reports in which animals have bitten persons or animals. It shall be the responsibility of animal control officers to obtain details on the bite cases and to conduct a follow-up investigation of the biting animal to determine if it is suffering from rabies..
(b) Any animal suspected of biting a person shall be placed under a quarantine watch to determine if the animal is capable of transmitting or exposing humans or other animals to rabies. This quarantine for dogs and cats shall be for a period not less than ten (10) days after the biting of such person.
(c) The owner of the animal required to be quarantined under subsection (b) shall surrender the animal to the animal control officer immediately, or otherwise arrange for the animal control officer to pick up and retain such animal, in a separate kennel at the animal shelter or in quarters supervised by a veterinarian for the period of the quarantine. After the animal has been released from quarantine, the owner may redeem the animal from the animal shelter or other quarters by payment of the applicable fees.
(d) In lieu of animal quarantine at the animal shelter or other quarters, the animal control officer may authorize the animal to be retained on the owner's premises if the following requirements are satisfied: (1) The animal was currently vaccinated at the time of the bite; and (2) The animal was not "at-large" at the time of the bite; and
(3) The animal was currently registered with the city at the time of the bite.
(4) When quarantined at home the animal must be restrained and removed to an area where it will not come in contact with any persons or animals. (5) The animal must be made available to the animal control officer for a periodic inspection.
(6) The owner will observe the animal for any signs of illness or personality changes and report such changes to the animal control officer.
(7) The animal may not be moved from the known quarantine location without prior notification and approval of the animal control officer.
(8) The animal will remain under quarantine until the owner is notified that the final health inspection has been made and that the animal has been cleared by the animal control officer. Contact will be made by phone, personal service, or certified mail.
(9) The animal may not receive a vaccination for rabies during the quarantine period.
(10) Failure to comply with all conditions of residence quarantine as stated above or as directed by the animal control authority will result in the animal being impounded at the animal shelter for the duration of the quarantine period.
(e) After the animal has been released from quarantine, the owner will have five (5) days in which to have the animal registered with the city by the purchase of a city registration tag.
(f) It shall be unlawful for any person to interfere with the enforcement of this section or to fail or refuse to surrender to an animal control officer or other member of the health department any animal involved or suspected of being involved in a bite case, or to otherwise fail or refuse to provide for the quarantine of animals as may be authorized by this chapter.
(g) If an owner fails or refuses to surrender an animal to animal control officers for quarantine under this chapter, an animal control officer may apply to any judge of the municipal court of the city for a warrant to seize the animal. The officer executing the warrant shall cause the animal to be impounded at the city animal shelter.
Sec. 4-13. Dangerous animals—Generally.
(a) A person commits an offense if the person is the owner of a dangerous animal and the animal makes an unprovoked attack on another person or animal outside the animal's enclosure and causes bodily injury to the other person or animal. (b) It shall be unlawful for any person to own, keep, or harbor a dangerous animal within the city limits, except as provided in this chapter. For purposes of this chapter, a person learns that the person is the owner of a dangerous animal when the owner knows of an unprovoked attack committed by the animal that causes bodily injury to a person or another animal, or when the owner is informed by the health department that the animal is a dangerous animal.
(c) Once an animal has been determined to be dangerous it must be (1) registered and confined in accordance with section 4-16 of this chapter; or (2) removed from the city within twenty-four (24) hours of the owner learning that the animal is dangerous or upon quarantine clearance, whichever is later, or (3) surrendered for euthanasia to an animal control officer or a veterinarian, as approved by the animal control authority, within twenty-four (24) hours of the owner learning that the animal is dangerous or upon quarantine clearance, whichever is later. (d) It is a defense to the determination of an animal as dangerous that:
(1) The threat, injury, or damage was sustained by a person who at the time was committing a willful trespass or other tort upon the premises occupied by the owner of the animal; or
(2) The person was teasing, tormenting, abusing, or assaulting the animal or has, in the past, been observed or reported to have teased, tormented, abused, or assaulted the animal: or
(3) The person was committing or attempting to commit a crime; or (4) The animal attacked or killed was at the time teasing, tormenting, abusing or attacking the alleged dangerous animal; or (5) The animal was protecting or defending a person within immediate vicinity of the animal from an unjustified attack or assault; or (6) The animal was injured and responding to pain.
Sec. 4-14. Same—complaints.
(a) Should any person desire to file a complaint concerning an animal which is believed to be a dangerous animal, a sworn, written complaint must first be filed with the health department of the city as follows:
(1) Name, address and telephone number of complainant and other witnesses; (2) Date, time, and location of any incident involving the animal; (3) Description of the animal;
(4) Name, address, and telephone number of the animal's owner, if known;
(5) A statement describing the facts upon which such complaint is based; and
(6) A statement describing any incidents where the animal has exhibited dangerous propensities in past conduct, if known.
(b) After a sworn complaint is filed, it shall be referred to the director of health or his representative to set a time and place for a hearing not to exceed twenty (20) days from the time the complaint is received. The animal control officer shall give notice of the hearing to the animal's owner, at least ten (10) days prior to the hearing date. After the owner of the animal is notified, the owner shall keep such animal at the animal shelter or at a veterinarian's clinic or on the premise of the owner, if the requirements of sections 4-12 (d) and 4-16 (c), (d) and (e) are satisfied, until such hearing is held by the director of health or his designee. After the owner of the animal receives notice, the city animal control officer shall impound the animal specified in the complaint if such animal is found at large.
(c) The director of health or his designee shall receive testimony at the hearing to determine if the animal specified in the complaint is a dangerous or vicious animal and should be permanently removed from the city, destroyed, or registered as a dangerous animal for the protection of the public health, safety and welfare of the community. To order destruction, removal, or registration as a dangerous animal for the public health, safety and welfare, the director of health or his designee must find the following facts to be true:
(1) The animal is a vicious or dangerous animal;
(2) The destruction, removal, or registration a dangerous animal is necessary to preserve the public health, safety, and welfare of the community.
(d) If the director of health or his designee orders destruction or removal of the animal and the owner is not present at the hearing, the owner shall be given notice of the decision. If the destruction or removal of the animal is not ordered, the city animal control officer shall return the animal to the owner upon payment of all fees at the published rate. If the director of health or his designee orders the animal removed from the city, he shall allow the owner ten (10) days to do so. The owner shall furnish the director of health or his designee evidence of such removal within ten (10) days thereof. (e) A person commits an offense if he knowingly possesses and fails to release to the city animal control officer or a veterinarian, as approved by the animal control authority, an animal that has been charged by sworn complaint as provided in paragraph (b) of this section, and whose destruction or removal has been ordered by the director of health or his designee; provided that such destruction or removal order has not been appealed. (f) Any animal that has been determined to be dangerous, and not ordered euthanized, shall have inserted into the animal a micro-chip by a licensed veterinarian within ten (10) days from the order of the health director or a judge's affirmation or modification of the health director's original order if appealed. The alphanumeric combination code contained in the micro-chip shall be provided to animal services. The owner of the animal shall assume all responsibility for micro-chipping their animal, including all costs. (g) Within ten (10) days from the order of the health director or judge's affirmation or modification of the health director's original order, if appealed, the owner of the animal must furnish proof of micro-chipping to the city at the animal control department on a form furnished by the city and make available the animal for scanning so the city can verify the code. The animal shall be made available at the city's animal shelter. Failure to micro-chip, show proof of micro-chipping, or make the animal available for scanning shall constitute separate offenses. Each day thereafter an offense continues as required by this subsection (g) shall each constitute a separate offense(s).
Sec. 4-15. Same-appeal.
An owner may appeal a destruction or removal order to the municipal court judge for a substantial evidence review within five (5) days of the decision. If the director of health receives written notice of appeal within five (5) days of the decision, the destruction or removal order shall be suspended pending final determination of the municipal court judge; provided, that during the pendency of the appeal, the owner shall keep such animal at the animal shelter or at a veterinarian's clinic. The municipal court judge may affirm, modify or reverse such decision. The director of health shall furnish the municipal court judge with all reports, memoranda and other tangible evidence received by him as well as a summary of the evidence and his findings. The decision of the municipal court judge will be made by the application of the substantial evidence rule.
Sec. 4-16. Same-Registration.
If an animal is declared dangerous but nor ordered removed from the city or destroyed, the owner must confine the animal in a veterinary clinic or animal control facility, or remove said animal from the city pending registration of the animal, and must adhere to each of the following requirements:
(1) Register the animal with the city animal control authority within ten (10) calendar days by:
a. Paying an annual registration fee established by city council.
b. Presenting proof of current rabies vaccination. c. Providing proof of liability insurance or showing financial responsibility in a single-incident amount of one hundred thousand dollars ($100,000.00) for bodily injury or death of any person or persons, or for damage to property owned by any person which may result from the ownership of such animal.
(2) The animal control authority shall provide to the owner registering a dangerous animal a registration tag, which the owner must attach to the animal's collar, which the animal must wear at all times. (3) All dangerous animals shall be securely confined indoors or in a secure enclosure, except when leashed as provided herein. (4) No dangerous animal may be kept on a porch, patio, or in any part of a house or structure that would allow the animal to exit such building of its own violation. In addition, no dangerous animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the animal from exiting the structure.
(5) No person shall permit a dangerous animal to go outside its secure enclosure unless such animal is securely leashed with a leash no longer than six (6) feet in length. No person shall permit a dangerous animal to be kept on a chain, rope, or other type of leash outside its secure enclosure unless a person is in immediate physical control of the leash. Such animal shall not be leashed to inanimate objects such as trees, posts, buildings, etc. (6) All owners of dangerous animals within the city shall display in a prominent place on their premises a sign easily readable by the public using the words "Beware—Dangerous Animal." The sign is to be no smaller than twelve (12) inches by twelve (12) inches and shall not exceed eighteen ( 18) inches by twenty-four (24) inches in size. In addition, a similar sign shall be posted on the kennel or pen of such animal.
(7) All owners of dangerous animals shall provide to the city two (2) color photographs of the animal in two (2) different poses showing the color and approximate size of the animal.
(8) All owners of registered dangerous animals shall, within ten (10) calendar days of an incident, report the following information in writing to the city:
a. Removal from the city, or death of said animal;
b. Written proof of new address if animal is sold and/or moves within the city; (9) A registration fee established by city council shall be paid by owner, upon which the animal control authority shall issue a new registration tag to be placed on the dangerous animal's collar. (10) An owner of a dangerous animal shall notify the health department of any attack the animal makes on any person or any animal.
(11) If the owner of an animal declared to be dangerous under this chapter fails to comply with the ownership requirements listed above, the owner or harborer will be given written notice that if the animal is not surrendered to the animal control authority for impoundment within six (6) calendar days, then the animal will be destroyed wherever it is found. After this notice, the dangerous animal may be destroyed during an attempt to impound, if impoundment cannot be made with safety, wherever the impoundment is attempted. A written notice left at the entrance to the premises where the dangerous animal is harbored will be considered valid notice under this chapter.
(12) In lieu of surrendering the animal to an animal control officer an owner may permanently remove said animal from the city limits, if proof of destination is provided to the city director of health.
Sec. 4-17. Restraint.
It shall be unlawful, for any owner or person to allow an animal to be "at-large." All animals shall be kept under restraint. It shall be a defense to the "six-foot length" restriction under the definition of "at-large" if the animal is participating in an organized training or demonstration event. Under those circumstances the animal must be restrained by a leash or chain of sufficient strength and length to control the animals actions.
Sec. 4-18. Impoundment of animals.
(a) The animal control authority or any police officer may take up and impound any animal found at large in violation of this chapter. If the owner, keeper, or harborer of such animal is known or can be readily ascertained the animal control officer shall notify him by telephone, personal service, certified mail, or door tag not later than twenty-four (24) hours following such impoundment or after obtaining owner information.
(b) If impoundment of a dangerous animal is being attempted away from the premises of the owner and the impoundment cannot be made with safety, the animal may be destroyed without notice to the owner or harborer. If an attempt is made to impound a dangerous animal from the premises of the owner or harborer and the impoundment cannot be made with safety, the owner or harborer will be given twenty-four (24) hours notice that if the said animal is not surrendered to the animal control division for impoundment within said twenty-four hour period, then the animal will be destroyed wherever it is found. After this notice, the dangerous animal may be destroyed during an attempt to impound if impoundment cannot be made with safety, wherever the impoundment is attempted. Notice under this section shall be in writing. A written notice left at the entrance to the premise where the dangerous animal is harbored will be considered valid notice under this section. In lieu of surrendering the animal to animal control an owner may permanently remove said animal from the city, if written proof of destination is provided to the city.
(c) The owner, keeper, or harborer of any animal impounded under this section may redeem same within five (5) days by payment of applicable impounding fees and boarding fees as established by city council.
(d) Any person desiring to adopt an impounded cat or dog or other animal identified as adoptable by the animal control officer may do so upon payment of the applicable fee as established by city council. All adoptions are at the discretion of the animal control authority.
(e) Any owner or person redeeming an animal from the animal control authority must have the animal vaccinated and registered, with the city, within five (5) days of the release of the animal unless registration and vaccination are then effective and valid.
(f) The city shall comply with all sterilization laws as set forth in Chapter 828, Health and Safety Code, V.T.C.A.
(g) All impounded animals not redeemed within five (5) days may be destroyed in a humane manner or sold by the animal control authority. No animal may be knowingly sold, or otherwise disposed of, for research purposes.
(h) Any owner or person redeeming an unsterilized animal from the animal control authority, for the fourth time within any twelve consecutive month period must have the animal sterilized within thirty (30) days of the date the animal was released from the shelter. Proof of said sterilization must be provided to the animal control authority within ten (10) days of compliance.
Sec. 4-19. Kennels or commercial breeders. Kennels and or commercial breeders will only be allowed in appropriately zoned areas.
Sec. 4-20. Wild/prohibited animals.
(a) No owner shall keep or permit to be kept on his premises or premises under his control any wild/prohibited or dangerous animal for sale, display, or for exhibition purposes, whether gratuitously or for a fee. This section shall not be construed to apply to zoological parks, performing animal exhibitions, or circuses.
(b) No person shall keep or permit to be kept any wild or prohibited animal as a pet.
(c) The health department may issue temporary approval for keeping, care, and protection of an injured, newborn or immature animal native to this area which it deems to be incapable of caring for itself.
(d) The health department shall have the power to release or order released any animal being kept temporarily under the provisions of the previous paragraph.
Sec. 4-21. Bees.
(a) It shall be unlawful for any owner, person, or beekeeper to keep any colony or colonies in such a manner or of such disposition as to cause any unhealthy condition, interfere with the normal use and enjoyment of human or animal life of others, or interfere with the normal use and enjoyment of any public property or property of others.
(b) The following requirements must be satisfied in order to keep bees:
(1) Hives. All bee colonies shall be kept in "Langstroth" type hives with removable frames, which shall be kept in sound and useable condition; and
(2) Fencing and flyways. In each instance no colony may be situated within twenty-five (25) feet of a public or private property line of the tract upon which the apiary is situated, as measured from the nearest point on the hive to the property line. The beekeeper shall establish and maintain a flyway barrier at least six (6) feet in height consisting of a solid wall, fence, dense vegetation; or combination thereof that is parallel to the property line and extends ten (10) feet beyond the colony in each direction so that all bees are forced to fly at an elevation of at least six (6) feet above ground level over the property lines in the vicinity of the apiary. It is a defense to prosecution under this section that the property adjoining the apiary tract in the vicinity of the apiary is undeveloped property for a distance of at least fifty (50) feet from the property line of the apiary tract. Every apiary shall be continuously protected by an enclosure surrounding the apiary in such a manner to make the apiary reasonably inaccessible to small children or animals. An enclosure shall be a fence, wall or building not less than four (4) feet in height with no openings, holes, or gaps larger than four (4) inches measured in any direction except that measurement for a picket fence shall be measured horizontally between members. All gates and doors opening directly into such an enclosure shall be equipped with self-closing and self-latching devices designed to keep and capable of keeping such doors or gates securely closed. The latching device shall be attached to the gate or door not less than thirty-six (36) inches above the grade or the floor. The doors of any building forming any part of the required enclosure need not be so equipped; and (3) Water. Each beekeeper shall ensure that a convenient source of water is available at all times to the bees so that the bees will not congregate at swimming pools, bibcocks, pet watering bowls, bird baths, or other water sources where they may cause human, bird, or domestic pet contact; and
(4) General maintenance. Each beekeeper shall ensure that no bee comb or other materials that might encourage robbing are left upon the grounds of the apiary site. Upon their removal from the hive all such materials shall promptly be disposed of in a sealed container or placed within a building or other bee proof enclosure; and (5) Queens. In any instance in which a colony exhibits unusually aggressive characteristics by stinging or attempting to sting without due provocation or exhibits an unusual disposition towards swarming, it shall be the duty of the beekeeper to promptly "requeen" the colony. Queens shall be selected from stock bred for gentleness and nonswarming characteristics; and
(6) Colony densities:
a. It shall be unlawful to keep more than the following number of colonies on any tract within the city, based upon the size of the tract on which the apiary is situated:
1. One-half (1/2) acres or less tract size—Two (2) colonies: 2. Larger than one-half (1/2)—Four (4) colonies. b. For each two (2) colonies authorized under colony densities there may be maintained upon the same tract one (1) nucleus colony in a hive structure not exceeding one (1) standard nine and five-eighths inch depth ten-frame hive body with no supers attached as required from time to time for management of swarms. Each nucleus colony shall be disposed of or combined with an authorized colony within thirty (30) days after the date it is acquired; and
(7) Marking hives. The name, address, and telephone number(s) (both day and night numbers) of the owner or beekeeper shall be branded, painted, or otherwise clearly marked upon the structure of each hive; and
(8) Inspection. The animal control authority or the health director shall have the right to inspect any apiary at any reasonable time. Where practicable, prior notice should be given to the owner, beekeeper of the hives to be inspected; and
(9) Compliance. The animal control authority or the health director, upon determination that any colony situated within the city is not being kept in compliance with this section, may order the bees to be removed from the city or destroyed.
Sec. 4-22. Livestock.
(a) No person shall engage in keeping livestock within the corporate limits of the city, except in conformance with and in districts zoned by the comprehensive zoning ordinance of the city as estate development, agriculture or working farms and ranches.
(b) It is an affirmative defense to subsection (a) above that the animal is a potbellied pig, which meets with the requirements set forth in subsection (c) below.
(c) Requirements for keeping potbellied pigs:
(1) It shall be unlawful for any person to keep, harbor, or raise more than two (2) adult potbellied pigs in any one (1) location within the city. In order for a potbellied pig to be considered an adult potbellied pig, the potbellied pig must be at least six (6) months of age. A person may not keep in excess of two (2) potbellied pigs in any one (1) location within the city if the pigs in excess of two (2) potbellied pigs are nonadult potbellied pigs, but under no set of circumstances may such nonadult potbellied pigs come from more than one (1) litter. (2) All such potbellied pigs shall be kept indoors at all times other than times for evacuation of waste material or during exercise periods. (3) All such potbellied pigs shall receive annual vaccinations for erysipelas. It shall be the responsibility of the owner or harborer of the pig to obtain an annual erysipelas vaccination certificate from a licensed veterinarian which shall include the following information:
a. Name and address of owner; b. Description of the animal;
c. Date of vaccination; d. Tag number; and
e. Other appropriate information. (4) It shall be unlawful for any person to own, keep or harbor any potbellied pig within the city, unless a current registration permit has been issued for such animal in accordance with this section. (5) The owner or harborer of any potbellied pig within the city shall make application to the director of the health department of the city or his representative for a registration permit for such animal. Such application shall contain information on the potbellied pig's description, and name, address and telephone number of the owner, keeper or harborer. The owner, keeper or harborer shall also present to the director of the health department of the city or his representative a current certificate of vaccination issued for such potbellied pig in compliance with subsection (3) hereof. (6) The application described in this section shall be accompanied by a fee as shall be established by city council. (7) Upon owner's or harborer's compliance with the above provisions of this section, the health director or his representative shall register the potbellied pig and issue a metal registration tag.
(8) Registration shall be valid for one (1) year from the date of registration.
(9) Should the potbellied pig die or be moved or acquire a new owner or harborer, it shall be the owner's or the harborer's duty to inform the animal control officer. In the event the potbellied pig is acquired by a new owner or harborer, said new owner or harborer shall be required to register the potbellied pig in accordance with the provisions of this section.
(10) All male potbellied pigs over the age of four (4) weeks that are kept within the city shall be neutered, which if applicable shall so be stated on the application for registration permit required hereunder.
(11) For purposes of this section, the term "potbellied pig" shall mean a variety of swine no more than eighteen (18) inches in height at shoulder level when full grown and meeting the standards of the North American Potbelly Pig Association. Under no circumstances shall any swine be considered a potbellied pig if its weight exceeds ninety-five (95) pounds.
(d) It shall be unlawful to own or keep chickens, ducks, turkeys, geese, peacocks, or guineas within the corporate limits of the city, except in agricultural zoned districts, lakes, and public park lands.
(e) It shall be unlawful to own or keep more than two (2) rabbits or more than two (2) pigeons over the age of six (6) months in residential zoned districts. Sec. 4-23. Protection of animals.
(a) Chickens or ducklings younger than eight (8) weeks of age may not be sold in quantities of less than ten (10) to a single purchaser.
(b) No person shall give away, or auction any animal as a prize for, or as an inducement to enter any contest, game or competition, or as an inducement to enter a place of amusement, or offer such animal as an incentive to enter into any business establishment whereby the offer was for the purpose of attracting trade.
(c) No person shall knowingly expose any known poisonous substance, whether mixed with food or not, so that the same may be eaten by any pet or domestic animal.
(d) No owner or person shall:
(1) Deprive an animal of sufficient good and wholesome food or water, adequate shelter and protection from weather, veterinary care (when needed to prevent suffering), and human care and treatment; or
(2) Beat, cruelly ill-treat, torment, mentally abuse, overload, overwork or otherwise abuse an animal, or cause, instigate or permit any dog fight, cock fight, bull fight, or other combat between animals or between animals and humans; or
(3) Abandon any animal in their custody.
(e) No owner or person shall transport or carry on any public roadway any animal in a motor vehicle unless the animal is safely enclosed within the vehicle; and if traveling in an unenclosed vehicle (including, hut not limited to convertibles, pickup trucks, jeeps, and flatbed trucks), the animal shall be confined by a vented container or cage, by chain, rope or other device cross-tied to prevent the animal from falling or jumping from the motor vehicle or from strangling on a single leash.
(f) No owner or person shall leave any animal in any standing or parked vehicle in such a way as to endanger the animal's health, safety or welfare. Any animal control officer or police officer is authorized to use reasonable force, including the breaking of a side window, to remove an animal from a vehicle whenever it appears the animal's health, safety or welfare is or soon will be endangered, and said animal shall be impounded.
(g) The animal control authority shall liberally utilize the authority granted by section 821.022 of the Texas Health and Safety Code to seize and impound any animal, if the animal control authority has reason to believe that an animal has been or is being cruelly treated, pending a hearing before the municipal court on the issues of cruelty and disposition of the animal. Seizure of the subject animal prior to receiving a warrant is hereby authorized if such a delay endangers the life or if it would unreasonably prolong the suffering of the subject animal requiring immediate veterinary care.
(h) No owner or person shall sell, trade, barter, lease, rent, give away, or display for a commercial purpose, any live animal, on any roadside, public right-of-way, commercial parking lot, or any flea market.
Sec. 4-24. Public nuisances.
(a) It shall be unlawful and constitute a public nuisance for any person to maintain any animal or fowl in such a manner or allow any pen, enclosure, yard or similar place used for the keeping of animals or fowl to become unsanitary, offensive by reason of odor, or create a condition that is a breeding place for fleas or other vector and which is offensive to persons of ordinary sensibilities residing in the vicinity thereof or is determined to be a public nuisance by the animal control authority.
(b) It shall be unlawful and constitute a public nuisance for any person to maintain any animal which: repeatedly roams at large in violation of this chapter on public or private property, attacks another animal(s); or damages public or private property.
(c) It shall be unlawful and constitute a public nuisance for the owner of any animal to allow any excreta deposited by his animal to remain on public or private property. Any condition injurious to public health caused by the lack of or improper disposal of animal waste will be considered a violation of this section.
(d) It shall be unlawful and constitute a public nuisance to keep any animal which, by causing frequent or long continued barking, howling, crowing, meowing, or other noise, shall disturb any person of ordinary sensibilities residing in the vicinity of the premise where the animal is kept, housed or harbored.
(e) It shall be unlawful for any owner or person to allow any animal to remain a public nuisance as defined herein. Sec. 4-25. Traps.
(a) Only humane live-animal traps may be used for capturing animals roaming unrestrained in the city. The use of steel jaw traps to apprehend animals is illegal. As an exception to this section, governmental agencies and entities shall be permitted to use such traps and equipment as necessary and permitted by state law or regulation. (b) No person shall remove, alter, damage, or otherwise tamper with a trap or equipment set out by the animal control authority. Sec. 4-26. Fees for pickup of dead animals.
(a) The city council shall establish a fee for the pickup by the health department of dead animals at veterinarian hospitals/clinics.
(b) The city council shall establish a fee for the removal by the health department of dead livestock from private property. Sec. 4-27. Ferrets.
(a) It shall be unlawful for any person to own, keep or harbor any ferret within the city, unless a current registration permit has been issued for such ferret in accordance with this section.
(b) The owner, keeper or harborer of any ferret within the city shall make application to the director of the health department of the city or his representative for a registration permit for such ferret. Such application shall contain information on the ferret's description, date of vaccination, and name, address and telephone number of the owner, keeper or harborer. The owner, keeper or harborer shall also present to the director of the health department of the city or his representative a current certificate of vaccination issued for such ferret in accordance with section 4-10.
(c) The application described in this section shall be accompanied by a fee as shall be established by city council.
(d) Upon the owner's compliance with the above provisions of this section the health director or his representative shall register the ferret and issue a metal registration tag, which shall be attached to the ferret's collar, and which shall be worn by the ferret at all times.
(e) Registration shall be valid for one (1) year from the date of issue.
(f) If a permit tag issued under this section is lost or stolen, it may be replaced by payment of the appropriate fee established by city council and presentation of the registration permit. If the tag and registration permit are both lost or stolen, a new permit must be purchased at the regular fee as set out above. (g) Any false statement in a rabies certification, or application for a permit under this section, shall render null and void the permit issued for such ferret and shall subject such ferret to being impounded in accordance with the provisions of this chapter.
(h) Any ferret suspected of biting a person shall be placed under quarantine to determine if the animal is capable of transmitting or exposing humans and/or other animals to rabies or be humanely euthanized and appropriately tested for rabies. The quarantine period for ferrets shall be for a period of not less than thirty (30) days after the biting of such person. The place of quarantine shall be at the animal shelter or in quarters supervised by a veterinarian for the period of the quarantine and shall not be allowed to be quarantined on the owners premise. A victim of a ferret bite, or their parent or legal guardian may disapprove the quarantine of a ferret, but shall notify, in writing, the director of the health department of the city within the thirty-day quarantine period. This disapproval shall [have the] result in [of] the suspect animal being humanely euthanized and tested for rabies.
(i) It shall be unlawful to have a ferret in a public place unless it is kept in an adequate enclosure or on a leash no greater than six (6) feet in length to control the actions of such animal.
(j) It shall he unlawful for any person to own, keep or harbor within the city any ferret which has not been neutered. |