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Agenda Packet Animal Shelter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F17(!6?"&B '!:I1 8O7(P-*77*?"&B QN A=@BO=<RO0 E*9*()*16-"&17*B !F' ?E19#*,@"**&/Q*7* (61 (16/ *:1 &(6:7#*<6(F1,R!,&(6: H19(,(7$J&(29-22(!6!B21F*?  !"#$%& <6(F1,@#*,7* A!1 &H-7- *H19(,(7$E*9!FF*6&17(!6'*9S5>=?"&B SN A=@BO=Q=O0 '(29-22(!6!B"!22(.,*1F*6&F*6727!<6(F1,+!67 !,C &(6169*!B7#*!T6!B !"#$ +,-.J&(29-22(!6!B21F*?  !"#$%& <6(F1,+!67 !,C &(6169*<F*6&F*67L7*F2B! +!62(&* 17(!6?"&B ASABPage 1 of 75Meeting Date: January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age 2 of 75Meeting Date: January 16, 2018 Town of Trophy Club 1 Trophy Wood Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2018-036-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:1/10/2018 In control:Animal Shelter Advisory Board On agenda:1/16/2018 Final action: Title:Consider and take appropriate action regarding the Minutes dated August 24, 2016. Attachments:ASAB Minutes August 24, 2016.pdf DateVer.Action ByActionResult Consider and take appropriate action regarding the Minutes dated August 24, 2016. ASABPage 3 of 75Meeting Date: January 16, 2018 MINUTES FROM REGULAR SESSION ANIMALSHELTERBOARD FORTHETOWNOFTROPHY CLUB LOCATION: 100MUNICIPALDRIVE,TROPHYCLUB,TEXAS Tuesday,August24,2016at6:03 P.M. PoliceDepartmentTrainingRoom TheAnimalShelterBoardfortheTownofTrophyClub,Texas,met in a RegularSession onTuesday,August24, 2016. ThemeetingwasheldwithintheboundariesoftheTownandwasopentothe public. § STATEOFTEXAS § COUNTYOFDENTONANDTARRANT BOARDMEMBERSPRESENT: Dr.BruceFusselmanD.V.M.-Veterinarian Sgt.TonySimmons - MunicipalOfficial KellyAkin,ACO - AnimalShelterOperations SusanEdstrom- Chair Philip Shoffner - CouncilLiaison BOARDMEMBERSABSENT: Dr.BruceFusselman D.V.M - Veterinarian PamelaSwan- Resident STAFFANDGUEST(S)PRESENT: PatrickArata,ChiefofPolice SandraJohnson - Resident LeahJadeByers - Resident Zach Angelo- Resident VictoriaAngelo- Resident CandaceAngelo - Resident CALLTOORDERANDANNOUNCE A QUORUM ChairmanEdstrom called themeeting toorderandannounced a quorumat6:03p.m. Chairmanstatedthere is anopeningontheboard. CITIZEN PRESENTATIONS Citizens are allowed three (3) minutestoaddresstheBoardregarding an itemoverwhichthe Board has polic y or oversightauthority as provided by Texas law,theethicsorder, or otherpolicy order. NocitizensaddressedtheCommission. REGULARSESSION ChairmanEdstromaskedthatItemnumber 4 bemovedtoItemNumberone. Chairmanaskediftherewereany 1. objectionstomovingitem 4 toItemone.NoobjectionsweremadeandItem 4 wasmovedtoitem ASABPage 4 of 75Meeting Date: January 16, 2018 1.Consider and take appropriate action regardingtheMinutes dated June21, 2016. Tony Simmonsmotionedtoapprove. KellyAkinSecondsthemotion. Motion carried andtheminutes oftheJune21, 2016 meetingareapproved.Motionapprovedby a voteof 5 to 0. 2.Review Shelter Inspection; settimelineforitemsthat need tobe addressed; discussion of same. ChairmanEdstromstatedthatKellyand Bruce havenotbeenabletogettogetherforthe Animal Shelterinspection. Chairman Edstrom statedthatshe wouldaddresstheinspectionatthenext meeting. 3.Reviewproposedanti-tetheringlanguageforinclusionintheTown'sOrdinancesdiscussionofthe same. Kellysaidthatshewantedtohavethespecificword"unattended"intheordinance. Chairman Edstrom clarifiedthattheword"unattended"tomeanthatsomeonewalksawayfromtheirtethered dog, orgoesinsideandleavesthedogtethered.Kelleystatedthattheordinanceshouldreflectthat a personshouldhavedirectphysicalcontroloverthedog. Edstrom statedthattetheringcontributesto aggressiveness.PhilipShoffnerstatedthetetherordinanceshould mirror statelawandthenbuild on that. 4.ReviewtheTown'scurrentcontractwithBrianHallregarding sheltering optionsforstray,trapped and impounded cats; consider optional agencies as alternativeholdingfacilities, discussion ofthe same. ChairmanEdstromdirectedtheboard'sattentiontothedocumentsprovidedtoboard members. Chairman Edstrom statesthattheboardwillhearcitizen'scommentsandthentheboardwillgointo discussion. CITIZENSCOMMENTS LeahJadeByers- 2805Chatswood Drive.Ms.ByersrelatedthatshehadjustmovedtoTrophyClub becausehermotherpassedaway.Ms.Byersstatedthatfromthetimesheknew"LEO",shedidn't knowhimverylongbuthewas a goodcat. ShesaidthathercousinZacharywasbestfriendswiththecat. Shesaidthatwhenhefoundoutthe catpassed awayhercousinwasveryupset. Shesaidthatthepersonwhoputdownthecatshould notbeallowedtoworkwithanimalsanymore. Zachary Angelo -2805 ChatswoodZacharysaidthatthecatwashisbestfriendandthathe saw the - cateveryday.Zacharysaidthathewascryingand wasin so much pain butthathehadmovedon. He saidthatthecatshouldhavebeen taken somewhere elsewherethescannerwasworkingand thatit shouldn'tmatterifthecatwascollaredbutthatit waschipped. Victoria Angelo-2805ChatswoodVictoria said that she was sadforthefirstthreedaysthat the - 1 cat was missing she was sad but the 4day she foundout. h Candace Angelo- 2805 ChatswoodCandacesaidthat she noticedthatthecatwent missing on - Monday.Shesaidthatsheknowsthatthereis a 72hourpolicybutthatsheknowsitwasn'tfollowed. SheputthesignsuponMondayandfoundout thecatdiedonTuesday.Shesaidnoonecalledher, includingthepersonthattrappedthecat. Shefeelsthatnocat,evenferalcatsshouldbeputdown ASABPage 5 of 75Meeting Date: January 16, 2018 andthatBryanshouldbeletgo.Shesaidthatdomesticatedanimalsshouldnotbeputdownbutwild animalsshould.Shestatedthatother small townshavehadissueswithBryanandthatone town suspendedtheircontractandthatshouldbeconsidered. ChairmanEdstromstatedthatshewantedtomake surethattherearepoliciesandproceduresin placeandthatthereis a contractinplace so thatthiswon'thappenagain.Chairman Edstrom noted thatChief Arata hasarrivedat6:13.Chairman Edstrom askedifanyoneelsewantedto make a comment. SandraJohnson- 237OakHillDrive.Statedthatshecametonightbecauseshejustwantedtohear thestoryandthatshereallywantedforchangestobemade. DISCUSSION- Chairman Edstrom statedthatbasedonwhatshehadbeentoldbyACO Akin andChief Arata thatthe72hourholdrequirementwasnotmetand thecatwaseuthanizedthe same dayit went missing givingnoopportunityforthecatownerstofindhim. She saidthatthepolicies thatare inplace so thatpetownerscanlocatetheiranimals.She saidthat Brian wastoldthatthecatwas a feralcatandthatthecatwasactingFeral.Hadtheresidentwhotrappedthecatnottold Brian that thecat wasFeralthatthis may haveendeddifferently.She saidthatshedidn'tfeellikeresidentshave theauthorityto say if a catcaughtin a trapis a feralcat. Shestated that a very stern letterneedstobesentto Brian theanimalguybytheChiefofPolicethat he needsto followourguidelines.She statedthatshewill make surethatthereis a campaignto register cats. ChairmanEdstromopenedthe discussion totheotherboard members. ChiefArata-Statedwedonothousecatsandthatwearenotsetuptohousecats.Thedepartment islookingintothepossibility.HedoesnotexcusewhatBriandid.ChiefAratarelatedthattheCityof Kellerhasananimalshelterforbothcatsanddogswithananimalhospitalandthathewouldliketo discussimplementingtheKellershelter. ChairmanEdstrom- statedthatsheknewthatFeralcatsaredeemedkillersandthattheydonotget 72hourholdsinKellerandthatsomethingneedstostartinTrophyClub.ChairmanEdstromtold . Chief Arata thatthereneedstobe a terminationincontractwith Brian. Chairman Edstrom provided ACO Akin with a listofothervendorsthatshewantedKellyto check withtofindouthow much it would cost tocontractwiththemforanimal services. Chairman Edstrom askedtheChiefifhewanted a votefromtheboard totaketherecommendationtocouncilorifhewantedtotakethe recommendationtothe council himself. Chief Arata statedthattheywouldhavetodeterminethe budget.Ifitwastoomuch,theywouldhavetotakeittocouncil.Chairman Edstrom askedSergeant Simmons andACO Akin iftheythoughtthatanyoftheordinancesshouldbechanged. ACO Akinstated thattheCitywasfollowing thepolicyandordinances correctly andthatnochangesneedtobemade. Dr.Fusselman reviewed thecontractandquotedthesectionstatingthatcatswouldbegoingtothe contractor.Dr. Fusselman askedifBryanhadto followthetownordinancesmentionedinthe contract. ASO Akin confirmed thatheisrequiredto comply withTownordinances. Chief Arata and ACO Akin respondedto a questionfromDr. Fusselman relatingtothedifferencebetweentheKeller andTrophyClubproceduresrelatingtoferal cats. Chairman Edstrom statedthatif a contract for animal services weretobeobtainedfromKellerthatKellerwouldberequired toadheretothe TrophyClubOrdinances.Chairman Edstrom statedthatitemnumber 4 therewas a recommendation toterminateBryanHalls'contract. 5.Chairman'supdateonupcoming PetFest, Saturday, September 17, 2016 and needsfor participation; discussion of same. ASABPage 6 of 75Meeting Date: January 16, 2018 ACO Akin statedthatshewaspreparingtheregistrationpackettosubmitherapplicationfor a boothat PetFest.Chairman Edstrom asked thatsherequestthe ACO boothtobeplacednexttoChairman Edstrom's andthewomen'sclubtable. ADJOURN ChiefAratamade a motiontoadjournat7:34 PM; motionsecondedbyACOAkin. Motion approvedby a voteof 5-0. Themeetingadjournedat 7:34 PM. Susan Edstrom Patrick Arata BoardLiaisonChairman ASABPage 7 of 75Meeting Date: January 16, 2018 Town of Trophy Club 1 Trophy Wood Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2018-037-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:1/10/2018 In control:Animal Shelter Advisory Board On agenda:1/16/2018 Final action: Title:Consider and take appropriate action regarding the Minutes dated October 30, 2017. Attachments:ASAB Minutes October 30, 2017.pdf DateVer.Action ByActionResult Consider and take appropriate action regarding the Minutes dated October 30, 2017. ASABPage 8 of 75Meeting Date: January 16, 2018 MINUTES FROM REGULAR SESSION ANIMAL SHELTER BOARD FOR THE TOWN OF TROPHY CLUB LOCATION: ONE TROPHY WOOD DRIVE, TROPHY CLUB, TEXAS Tuesday, October 30, 2017 at 6:38 P.M. Fire Department Training Room The Animal Shelter Board for the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, August 24, 2016. The meeting was held within the boundaries of the Town and was open to the public. STATE OF TEXAS § COUNTY OF DENTON AND TARRANT § BOARD MEMBERS PRESENT: Dr. Rachel Speed – Veterinarian Sgt. Tony Simmons - Municipal Official Susan Edstrom – Chair Philip Shoffner - Council Liaison BOARD MEMBERS ABSENT: None STAFF AND GUEST(S) PRESENT: Patrick Arata, Chief of Police CALL TO ORDER AND ANNOUNCE A QUORUM Chairman Edstrom called the meeting to order and announced a quorum at 6:38 p.m. Chairman stated there is an opening on the board. CITIZEN PRESENTATIONS Citizens are allowed three (3) minutes to address the Board regarding an item over which the Board has policy or oversight authority as provided by Texas law, the ethics order, or other policy order. No citizens addressed the Commission. REGULAR SESSION 1.2017-513-T Consider and take appropriate action regarding the Minutes dated August 24, 2016. Councilman Shoffner noted that the minutes listed him as the person making the motion to accept st , 2016 minutes however, he is not a member of the board. Tabled, corrected the June 21 reconsidered at the next regular meeting. 2.2017-514-T Receive an update from staff regarding the search for an Animal Control Officer. Chief Arata explained that there were fifteen people who had applied for the position and that all but two had been eliminated. An offer is expected to be made to one of the finalists on 10-31-2017. ASABPage 9 of 75Meeting Date: January 16, 2018 3.2017 – 515-T Discussion of volunteers to form a subcommittee to review electronic entry at Freedom Park. Chairman Edstrom opened the discussion explaining that volunteers on the committee would be working with the parks department on the electronic entry for the dog park. She explained that the committee would be researching a way to track entries into the park by means of a fob. When dog owners purchase the fob only to dogs that were registered with current vaccinations. When the fob identifies a dog whose registration or vaccinations has expired the police would issue them a citation and they would have to pay a fine. Councilman Shoffner stated that the committee’s task would be to research and review the feasibility of using the fob electronic entry system and to present their findings the council to review. Chairman Edstrom stated that she wanted a representative from the Police Department on the subcommittee. Pamela Swan, Rachel Speed and Chuck Hall volunteered to serve on the subcommittee. ADJOURN Chuck Hall made a motion to adjourn at 7:00 PM; motion seconded by Pamela Swan. Motion approved by a vote of 5-0. The meeting adjourned at 7:00 PM. Patrick Arata Susan Edstrom Board Liaison Chairman ASABPage 10 of 75Meeting Date: January 16, 2018 Town of Trophy Club 1 Trophy Wood Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2018-038-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:1/10/2018 In control:Animal Shelter Advisory Board On agenda:1/16/2018 Final action: Title:Receive an update from the Joint Subcommittee regarding Freedom Dog Park; discussion of same. Attachments:Dog Park Survey Narrative.pdf Dog Park Survey.pdf Animal Cruelty Charge Filed in Dog Park Shooting.pdf 2013 Cape May County Dog Park Information and Application Form.pdf Sample Legislation - Off-Leash Dog Parks.pdf Park District of Oak Park.pdf Canton, Michigan - Dog Park Information.pdf Dog Park Etiquette.pdf DateVer.Action ByActionResult Receive an update from the Joint Subcommittee regarding Freedom Dog Park; discussion of same. ASABPage 11 of 75Meeting Date: January 16, 2018 The Park & Rec Board’s Dog Park Subcommittee is reviewing processes and procedures at Freedom Dog Park. We have two goals. First is to ensure everyone has a good and safe experience while visiting the Park and second, that all dogs entering are properly vaccinated. In order to help us make decisions around those, we wanted to get a baseline understanding of the number of users (both two and four foot) of the park. We are asking dog park users to complete this brief survey. We will be conducting the survey online and at the park over the next couple of weeks. Look forward to seeing you there! ASABPage 12 of 75Meeting Date: January 16, 2018 Dog Park Survey (the top should indicate Small Dog Park or Large Dog Park) Name: Email Address: Street Address: Phone: City: 1.How many days a week do you come to the dog park? 2.What days do you typically visit? 3.How many dogs do you have? 4.What do you enjoy about the Dog Park? __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ 5.Have you experienced any issues at the dog Park? 6.If yes, please outline below: __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ May we contact you by email or phone with additional surveys as we prepare our recommendations for Town Council? Yes No Signature Date ASABPage 13 of 75Meeting Date: January 16, 2018 ASABPage 14 of 75Meeting Date: January 16, 2018 ASABPage 15 of 75Meeting Date: January 16, 2018 ASABPage 16 of 75Meeting Date: January 16, 2018 ASABPage 17 of 75Meeting Date: January 16, 2018 ASABPage 18 of 75Meeting Date: January 16, 2018 ASABPage 19 of 75Meeting Date: January 16, 2018 ASABPage 20 of 75Meeting Date: January 16, 2018 ASABPage 21 of 75Meeting Date: January 16, 2018 ASABPage 22 of 75Meeting Date: January 16, 2018 ASABPage 23 of 75Meeting Date: January 16, 2018 ASABPage 24 of 75Meeting Date: January 16, 2018 ASABPage 25 of 75Meeting Date: January 16, 2018 ASABPage 26 of 75Meeting Date: January 16, 2018 ASABPage 27 of 75Meeting Date: January 16, 2018 ASABPage 28 of 75Meeting Date: January 16, 2018 ASABPage 29 of 75Meeting Date: January 16, 2018 ASABPage 30 of 75Meeting Date: January 16, 2018 ASABPage 31 of 75Meeting Date: January 16, 2018 ASABPage 32 of 75Meeting Date: January 16, 2018 ASABPage 33 of 75Meeting Date: January 16, 2018 ASABPage 34 of 75Meeting Date: January 16, 2018 ASABPage 35 of 75Meeting Date: January 16, 2018 ASABPage 36 of 75Meeting Date: January 16, 2018 ASABPage 37 of 75Meeting Date: January 16, 2018 ASABPage 38 of 75Meeting Date: January 16, 2018 ASABPage 39 of 75Meeting Date: January 16, 2018 ASABPage 40 of 75Meeting Date: January 16, 2018 ASABPage 41 of 75Meeting Date: January 16, 2018 ASABPage 42 of 75Meeting Date: January 16, 2018 ASABPage 43 of 75Meeting Date: January 16, 2018 ASABPage 44 of 75Meeting Date: January 16, 2018 ASABPage 45 of 75Meeting Date: January 16, 2018 Town of Trophy Club 1 Trophy Wood Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2018-039-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:1/10/2018 In control:Animal Shelter Advisory Board On agenda:1/16/2018 Final action: Title:Receive an update from Dr. Rachel Speed, Veterinarian, regarding the Animal Holding Facility; discussion of same. Attachments:Animal Shelter Board Future Facility Recommendation Dec 9 2014.pdf DateVer.Action ByActionResult Receive an update from Dr. Rachel Speed, Veterinarian, regarding the Animal Holding Facility; discussion of same. ASABPage 46 of 75Meeting Date: January 16, 2018 not include 100% of after hours dispatch or field release to owner or my returns be provided ** To assist Kelly and PD, tracking will be set up so reporting can * Does Town of Trophy Club 1 Trophy Wood Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2018-040-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:1/10/2018 In control:Animal Shelter Advisory Board On agenda:1/16/2018 Final action: Title:Discussion of possible amendments to Animal Control Ordinance of the Town of Trophy Club; discussion of same. Attachments:Animal Control Ordinance Amendment Items for Consideration.pdf DateVer.Action ByActionResult Discussion of possible amendments to Animal Control Ordinance of the Town of Trophy Club; discussion of same. ASABPage 62 of 75Meeting Date: January 16, 2018 Animal Control Ordinance Items for Consideration Section 2.01.001 Definitions Amendment Animal : Shall mean any living creature, classified as a member of the animal kingdom including but not limited to: dogs, cats, cows, horses, birds, fish, mammals, reptiles, insects, fowl, and livestock, but specifically excluding human beings. Collar: Shall mean any collar constructed of nylon, leather, or similar material, specifically designed to be used for a dog. Coop: An enclosure in which Fowl are confined. Fowl : Chickens, turkeys, pheasants, peacocks, quail, geese, ducks, or similar feathered animals, regardless of age, sex, or breed, excluding Roosters. Livestock : Shall mean any Animal that is not normally considered a domesticated breed and is typically found on a farm, includingwithout limitation, horses, mules, donkeys, cattle, hogs, Fowl, goats and sheep, and shall include both the male and female species of such animals. Prohibited Animal(s) : Shall mean an Animal not normally considered a domesticated breed, including but not limited to: venomous lizard, poisonous snake, boa, python, raccoon, skunk, fox, bear, elephant, kangaroo, monkey, chimpanzee, antelope, deer, any protected, threatened, or endangered species as defined by the Texas Wildlife Commission and the U.S. Fish and Wildlife Service, or any other Wild Animal capable of, or inflicted to do, serious bodily harm to humans or other Animals of any kind.” Properly fitted : Shall mean, with respect to a collar, a collar that measures the circumference of a dog’s neck plusat least one inch. Restraint : shall mean a chain, rope, tether, leash, cable, or other devise that attached a dog to a stationary object or trolley system. Green highlighted definitionsare added forthe amendment to section 2.01.008; to prohibit tethering Statute has a definition for Owner that is different than what we currently have in our ordinance so we need to amend our currentdefinition: Owner :A person who owns, has custody or control,harbors, keeps, possesses, or permits to be controlled,harbored, kept, or possessed an animal in his care, on or about his premises, without regard to title, purchase, or acceptance of the animal as a gift. ASABPage 63 of 75Meeting Date: January 16, 2018 Animal Control Ordinance Items for Consideration OPTION 1: Allow Fowl(Amending Section 2.01.020): Section 2.01.020Special Requirements for Keeping Miniature Pigs, Ferrets,and Fowl C. Fowl Location and Maximum Number . Fowl shall only be allowed on property zoned for single-familyresidential use. It shall be unlawful for any Person to keep, harbor, maintain, or allow more than four (4)Fowl of any species six (6) months of age or older upon property owned, leased or controlled by such Person within the corporate limits of the Town of Trophy Club. Roosters Prohibited . It shall be unlawful for any Person to own, control, keep, harbor, maintain, or allow one (1) or more Roosters upon property owned, leased,or controlled by such Person within the corporate limits of the Town of Trophy Club. Coop Required – Permit Required for Maximum Size . A permit shall be required for the constructionof a Coop. Fowl shall be secured in a Coop at all times, in order to provide safe and healthy living conditions for the animals and to minimize negative impact on neighbors. It shall be unlawful for a Person to keep, harbor, maintain, or allow Fowl to roam at large, whether upon property owned by the Person owning, controlling, keeping, harboring,or maintaining the Fowl or upon the property owned by another Person. The maximum size of a Coop shall be of one-hundred and twenty (120) square feet.The Coop shall be enclosed on all sides, shall include a roof, and all openings shall be covered with predator and bird proof wire. It is not required that the Coop contain any masonry materials. Location and Other Requirements for Coops . A Coop shall complywith the following requirements. A Coop shall: Be a minimum of twenty feet (20’) from any street right-of-way; and Be located a minimum of ten feet (10’) from rear and side lot lines; and Not be located in any front or side yard(s); and Be fully screened from public viewin accordance with applicable Town regulations. Nuisance - It shall be unlawful for any Person who owns, controls, has custody of, keeps, maintains, or harbors Fowl to intentionally, knowingly or recklessly cause, allow, or maintain property, including but not limited to yards, pens, sheds, Coops, or other enclosures in which Fowl are confined, in such a manner as to give off odors offensive to persons of ordinary sensibilities residing in the vicinity; or in such condition as to attractflies, mosquitoes or other noxious insects or rodents and/or the breeding of flies, mosquitoes or other noxious insects or rodents; or in any manner or condition that endangers the public health, safety or welfare, or creates a public nuisance as defined herein or by state law; or to cause or allow the encroachment of associated debrisof any nature or fecesacross any property line.” ASABPage 64 of 75Meeting Date: January 16, 2018 Animal Control Ordinance Items for Consideration OPTION 2: Prohibit Fowl(Amending 2.01.015): Section 2.01.015 Livestock, Fowl, Wild or Prohibited AnimalsProhibited A.It shall be unlawful to own, control, keep, or harbor any Livestock, Fowl, Wild or Prohibited Animal within the Town, except at commercial establishments dealing in the sale or handling of such Animals, upon land having proper zoning for such commercial enterprises and having proper facilities for the care and restraint of such Animals, or on land zoned for agricultural uses where the Town’s zoning ordinance expressly allows the ownership, control, keeping, or harboring of such Livestock, Fowl, Wild or Prohibited Animal. B.In accordance with conditions approved by the Town Council, a Person may to own, control, keep, or harbor Livestock, Fowl, Wild or Prohibited Animals in the Town on a temporary basis for a period of time and under such conditions as authorized by the Town Council.” C.Removal period - Fowl. Within forty-five (45) days from the effective date of this Section, a Person shall remove all Fowl, owned, controlled, kept, or harbored upon land within the corporate limits of the Town in violation of this Section. ASABPage 65 of 75Meeting Date: January 16, 2018 Animal Control Ordinance Items for Consideration OPTION 3: Tethering (Amending Section 2.01.008) Section 2.01.008 Tethering and other prohibited actions against animals (a)Tethering. (1)Unlawful Restraint of Dog: (A)An owner shallnot leave a dog outside and unattended by use of a restraint that unreasonably limits the dog's movement: (i)between the hours of 10 p.m. and 6 a.m.; (ii)within 500 feetof the premises of a school; (iii)in the case of extreme weather conditions, including conditions in which: a.the actual or effective outdoor temperature is below 32 degrees Fahrenheit; b.a heat advisory has been issued by a local or state authority or jurisdiction; or c. a hurricane, tropical storm, or tornado warning has been issued for the jurisdiction by the National Weather Service. (B)In this section, a restraint unreasonably limits a dog's movement if the restraint: (i)uses a collar that is pinch-type, prong-type, or choke-type or that is not properly fitted to the dog; (ii)is a length shorter than the greater of: a.five times the length of the dog, as measured from the tip of the dog's nose to the base of the dog's tail; or b.10 feet; (iii)is in an unsafe condition; or (iv)causes injury to the dog. ASABPage 66 of 75Meeting Date: January 16, 2018 Animal Control Ordinance Items for Consideration (C) Exceptions: It shall be an exception to prosecution that: (i)a dog restrained to a running line, pulley,or trolley system is not restrained to the running line, pulley, or trolley system by means of a pinch-type, prong-type, choke-type, or improperly fitted collar; (ii)a dog is restrained in compliance with the requirements of a camping or recreational area asdefined by a federal, state, or local authority or jurisdiction; (iii)a dog is restrained for a reasonable periodof timeandthe restraint is for a period no longer than is necessary for the owner to complete a temporary task that requires the dog to be restrained; notwithstanding the foregoing, the period of restraintshall not exceed three (3) hours in a twenty-four (24) hour period; (iv)a dog is restrained while the owner is engaged in, or actively training for, an activity that is conducted pursuant to avalid license issued by the State of Texasif the activity for which the license is issued is associated with the use or presence of a dog; (v)a dog is restrained while the owner is engaged in conduct directly related to the business of shepherding or herding cattle or livestock; or (vi)a dog is restrained while the owner is engaged in conduct directly related to the business of cultivating agricultural products, if the restraint is reasonably necessary for the safety of the dog. (D) Penalty A person commits an offense if the person knowingly violates Section (i) 2.01.008 (a) A peace officer or animal control officer who has probable cause to (ii) believe that an owner is violating this subchapter shall provide the owner with a written statement of that fact. The statement shallbe signed by the officer and plainly state the date on which and the time at which the statement is provided to the owner. A person commits an offense if the person is provided a statement (iii) described by Subsection (ii) and fails to comply with the requirements of this Section within twenty-four (24) hours of the time the owner is provided the statement. ASABPage 67 of 75Meeting Date: January 16, 2018 Animal Control Ordinance Items for Consideration If a person fails to comply with this Sectionwith respect to more than one (iv) (1)dog, the person's conduct with respect to each dog constitutes a separate offense. An offense under this subsection is a Class C misdemeanor, unless at the (v) time of the offense a person has been previously convictedof an offense under this Section. In the event of previous convictions, state law penalties shall apply. If conduct constituting an offense under this section also constitutes an (vi) offense under any other law, the actor may be prosecuted under this section, the other law, or both. (b)Prohibited actions. It is a violation of this section if intentionally, knowingly, or recklessly: (1)A person fails to provide an animal under his control and/or ownership with adequate wholesome food and water, proper shelter, and protection from inclement weather, and veterinary care when needed to prevent suffering; (2)A person having charge or custody of an animal places or confines such animal, or allows such animal to be placed or confined, in a motor vehicle, trailer or other enclosure under such conditions, or for such a period of time, as to endanger the health of the animal due to heat, lack of food or water, or such other circumstances as may cause injury or death to the animal; (3)A person treats an animalin an inhumane or cruel manner as defined by V.T.C.A., Penal Code section 42.09 and V.T.C.A., Health and Safety Code ch. 821; (4)A person knowingly owns, harbors, trains, sells or offers for sale any animal which is to be used for the purpose of fighting, or to be trained, tormented, badgered or baited for the purpose of causing or encouraging the animal to attack human beings or animals when not provoked, except that this section shall not apply to guard dogs; (5)A person mutilates any animal, whethersuch animal is dead or alive. This subsection does not apply to medical or veterinary medical research, medical or veterinary medical autopsies, or biology class use of animals for educational purposes; (6)A person causes an animal to fight another animal or person; (7)A person other than a licensed veterinarian docks an animal’s tail, or crops an animal’s ears, or castrates an animal; provided, however, that this subsection shall not apply to normal livestock operations occurring within the town; ASABPage 68 of 75Meeting Date: January 16, 2018 Animal Control Ordinance Items for Consideration (8)A person dyes or colors chicks, ducks, rabbits, reptiles or birds; (9)A person transporting an animal fails to effectively restrain an animal so as to prevent the animal from leaving or being accidentally thrown from a vehicle during normal operation of the vehicle, or fails to effectively restrain an animal so as to prevent infliction of bodily harm to passersby; provided, however, that the provisions of this subsection shall not prohibit a person from transporting an effectively confined or tethered dogin the open bed of a pickup truck; (10)A person is in control of a motor vehicle which strikes a domestic animal or livestock within the corporate limits of the town and fails to report the accident to a law enforcement officer as soon as practical; (11)A person abandons any animal, including the abandonment of an impounded animal at the animal shelter, with the intent to readopt the animal to avoid impoundment fees; or (12)A person places any substance or article, which has in any manner been treated with any poisonous substance in any place accessible to human beings, birds, dogs, cats, or other animals with the intent to kill or harm animals or with reckless disregard for the harm or injury that could reasonably occur. This shall include anti-freeze intentionally or recklessly left exposed to poison animals. This section, however, does not preclude the use of commercially sold rodent poisons when applied in accordance with the manufacturer’s directions for such use. ASABPage 69 of 75Meeting Date: January 16, 2018 Town of Trophy Club 1 Trophy Wood Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2018-041-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:1/10/2018 In control:Animal Shelter Advisory Board On agenda:1/16/2018 Final action: Title:Discussion of the Animal Shelter Volunteers program; discussion of same. Attachments:Release - Animal Shelter Volunteer.pdf Town of Trophy Club Animal Shelter Volunteer Application.pdf Volunteer Agreement--Town of Trophy Club.pdf DateVer.Action ByActionResult Discussion of the Animal Shelter Volunteers program; discussion of same. ASABPage 70 of 75Meeting Date: January 16, 2018 RELEASE AND INDEMNIFICATION AGREEMENT I, the undersigned, including without limitation, my heirs, successors, executors and assigns, do hereby waive all claims, release, indemnify, defend and hold harmless the Town of Trophy Club and all of its officials, officers, agents, and employees, in both their public and private capacities, and their employees and agents, (hereinafter collectively action, including all expenses of litigation and/or settlement which are related to or arise by reason of, injury to, or death or debt of any person, including but not limited to myself, or for loss of, damage to, or loss of use of any property arising out of or in connection with my voluntary assistance with the handling of certain animals collected or as a result of the act or omission of myself, Town, and/or any third party. I have full knowledge of and understand the risks and dangers associated with my voluntary participation in the Program, and I do hereby assume those risks. Additionally, having full knowledge of the risks involved in the Program, I will, without limitation, assume and pay all medical and emergency expenses in the event of an accident, injury, illness or other incapacity, regardless of whether I have authorized such expenses. _______________ ________________________________ Date Signature Printed Name M:\\paa\\AnimalShelterVolunteer Page 1 ASABPage 71 of 75Meeting Date: January 16, 2018 Animal Shelter Volunteer Application The Town of Trophy Club Attn: Volunteer Coordinator / ACO 1Trophy WoodDrive, Trophy Club, TX 76262 682-237-2900/ 682-237-2997 fax/ www.trophyclub.org Name: ____________________________________ Birth date: ________________ Address: _________________________________________________________________ Street Apt. Number City: _____________________________ State:_____________Zip:_____________ Home Phone: ___________________ Cell/Pager: ____________________________ Employer: ___________________ Occupation: ___________________________ Work Phone: ________________________ Your E-mail_______________________ Personal Reference Name: _____________________________________________ Reference address: ____________________________________________ Emergency Contact Name: ____________________________________________ Relationship: ________________Phone:__________________________________ Education: (please check) ____High School ____College ____Post-Grad Currently a student at: _________________________________________________ Have you had any formal education/experience in the field of animal welfare? If so, please describe: ______________________________________________________________ Are you bilingual? If so, what language: ______________________________________ Have you volunteered for any other organization? Who: When: Responsibilities: ASABPage 72 of 75Meeting Date: January 16, 2018 Page 2 Are you a member of any other animal protection/welfare organization and how do you participate? _____________________________________________________ Availability for Volunteering: _________________________________________ Areas of Interest in Volunteering: __________________________________________ Special Skills/Expertise: _________________________________________________ Besides a love of animals, why do you wish to be a Town of Trophy Club volunteer? What are your thoughts about spaying and neutering animals? What are your thoughts about euthanasia? Tell us about your pets and your experiences with animals. Do you have any allergies or physical conditions to consider while volunteering? Signature ___________________________________ Date ___________________ ASABPage 73 of 75Meeting Date: January 16, 2018 Town of Trophy Club, TX Animal Shelter Volunteer Agreement Thank you for choosing for your volunteer activities! My name is ___________________________ and I hereby agree to accept a position in a ǝƚƌǒƓƷğƩǤ capacity as a ǝƚƌǒƓƷĻĻƩ with the Town of Trophy Club hereafter known as The Town). I understand that the term ǝƚƌǒƓƷğƩǤ means the way in which actions or services are rendered to The Town. Such actions and services are rendered to The Town with generous and volunteer motives. No liability whatsoever will be incurred by The Town to anyone who performs ǝƚƌǒƓƷğƩǤ services. I understand that ǝƚƌǒƓƷĻĻƩ means a person who freely chooses to render services to The Town in a ǝƚƌǒƓƷğƩǤ capacity. Terms and Conditions Please Initial: _____ I fully understand that my services are provided strictly in a voluntary capacity and I agree to provide my services to the Town strictly as a volunteer. I understand that I will receive no compensation, salary, employee benefits or payment for services I render. _____ I full understand that the Town handles dogs on a regular basis. The temperament of these animals is often unknown to the Town. I agree to hold the Town harmless for any injury(s) I might sustain from handling animals during the course of my volunteer duties. _____ I fully understand and agree to assume all risks involved in any and all duties that I perform for the Town in my volunteer capacity. Such duties might include, but are not limited to, animal handling, custodial work, kennel assistance and other volunteer duties. _____ I agree to familiarize myself with Town policies and procedures and will fully comply with both the letter and spirit of these policies and procedures. _____ I fully understand that the Town expects high standards of moral and ethical treatment of animals under its care. I agree to adhere strictly to these standards in my voluntary capacity. _____ I agree not to represent the Town outside my immediate volunteer capacity. The Town employs designated spokesperson(s) to handle the concerns of animal welfare issues within and outside the Town. _____ I agree to volunteer for a minimum of 6 months, as needed. ASABPage 74 of 75Meeting Date: January 16, 2018 _____ I will be punctual and conscientious, conduct myself with dignity, courtesy, and consideration for others and strive to make my work professional in quality. _____ I will purchase and maintain appropriate volunteer attire and maintain a well groomed appearance for all volunteer assignments. _____ I will attend all training required by me to perform the tasks required for the department I have chosen. _____ I will adhere to all sign-in and scheduling procedures. _____ I will communicate any job related problems, concerns, differences of opinion, conflicts, or suggestions only to the ACO or the Police Chief. _____ I will notify the ACO or his or her designee when I am unable to work as scheduled. _____ I will notify the ACO or his or her designee if I choose to discontinue my service with the Town. I understand that the Town reserves the right to terminate my Volunteer status as a result of any of the following: Any abuse or mistreatment of an animal. Failure to comply with organizational policies, rules and other regulations. Unsatisfactory attitude, work, or appearance. Any other circumstances which, in the judgment of the ACO or his or her designee, would make my continued service as a Volunteer contrary to the best interest of the Town. I have read and understand each of the above conditions. My signature below indicates that I agree to comply with them. ______________________________________________________________________________Printed Name Signature Date ASABPage 75 of 75Meeting Date: January 16, 2018