ORD 2018-12 Pets TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2018-12
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING SECTION 2.01.001, DEFINITIONS, SECTION 2.01.004,
FEES, SECTION 2.01.007, MAXIMUM NUMBER OF ANIMALS,
SECTION 2.01.019, LICENSES AND TAGS, SECTION 2.01.020,
SPECIAL REQUIREMENTS FOR KEEPING MINIATURE PIGS,
FERRETS, AND FOWL, OF ARTICLE 2.01, GENERAL PROVISIONS,
OF CHAPTER 2, ANIMAL CONTROL; AND AMENDING SUBSECTION
(D), NOTIFICATION OF OWNER, OF SECTION 2.02.001, GENERALLY,
AND SECTION 2.02.003, ADOPTION OF IMPOUNDED ANIMALS, OF
ARTICLE 2.02, IMPOUNDMENT, OF CHAPTER 2, ANIMAL CONTROL,
OF THE TOWN OF TROPHY CLUB CODE OF ORDINANCES SO THAT
REGISTRATION OF HOUSEHOLD PETS NO LONGER BE REQUIRED;
PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING FOR
AMENDMENTS; PROVIDING A SAVINGS AND REPEALER CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PUBLICATION
CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH VIOLATION;
PROVIDING AN ENGROSSMENT AND ENROLLMENT CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas is a home rule
municipality empowered to do all acts and make all regulations which may be necessary
or expedient for the promotion of the public health, safety, and general welfare; and
WHEREAS, the Town Council has the authority to generally review and make
changes to the Code of Ordinances as determined appropriate; and
WHEREAS, the Town Council hereby finds that amending Section 2.01.001,
Definitions, Section 2.01.004, Fees, Section 2.01.007, Maximum number of animals,
Section 2.01.019, Licenses and tags, Section 2.01.020, Special requirements for
keeping miniature pigs, ferrets, and fowl, of Article 2.01, General Provisions, of Chapter
2, Animal Control; and amending Subsection (d), Notification of owner, of Section
2.02.001, Generally, and Section 2.02.003, Adoption of impounded animals, of Article
2.02, Impoundment, of Chapter 2, Animal Control, of the Town of Trophy Club Code of
Ordinances as further specified herein serves the best interests of the Town so that
registration of household pets no longer be required.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENTS
2.01 Section 2.01.001, Definitions, Section 2.01.004, Fees, Section 2.01.007,
Maximum number of animals, Section 2.01.019, Licenses and tags, Section 2.01.020,
Special requirements for keeping miniature pigs, ferrets, and fowl, of Article 2.01,
General Provisions, of Chapter 2, Animal Control, of the Town of Trophy Club Code of
Ordinances are hereby amended as follows and all other sections not expressly
mentioned hereafter shall remain the same:
CHAPTER 2 ANIMAL CONTROL
ARTICLE 2.01 GENERAL PROVISIONS
SECTION 2.01.001 DEFINITIONS
Abandon. To dump, desert, or leave any animal on public or private property with the
intent of terminating any further responsibility for said animal, and shall also mean
failing to properly redeem or properly release any animal impounded or quarantined by
the town.
Animal. 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.
Animal control services or division. An establishment that is operated, controlled, or
contracted with by the town for the confinement, safekeeping, control and/or destruction
of animals which come into the custody of the town.
Animal control officer. Any individual employed, contracted with, or appointed by the
town for the purpose of aiding in the enforcement of this act or any other law or code
- . . •- • . - . . ••••. , control of animals, or seizure and impoundment of
animals, and includes any state or local law enforcement officer or other employee
whose duties in whole or in part include assignments that involve the seizure and
impoundment of any animal.
Animal shelter. A facility operated by the town or with which the town has contracted for
the purpose of impounding or caring for animals held under the authority of this chapter
or state law.
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At large. Shall mean when an animal is not confined to the premises of its owner by a
fence of sufficient strength and/or height to prevent the animal from escaping therefrom,
inside the house or other enclosure, or secured on such premises by a leash of
sufficient strength to prevent the animal from escaping from the premises, and so
arranged that the animal will remain upon such premises when the leash is stretched to
full length in any direction. An animal shall not be considered "at large" when held and
controlled by a person of adequate strength by means of a leash, cord, chain, or rope of
proper strength and length to control the actions of the animal, or while confined within a
vehicle. An "invisible fence" will suffice as sufficient restraint so long as the animal is not
found outside the premises of the owner and the invisible fence is registered with the
animal control services or division.
Bite. Any abrasion, scratch, puncture, tear or piercing of skin caused by an animal.
Cat. All domestic species or varieties of Felis catus, male or female, alive or dead.
Certificate of registration. The town shall-register and issue a certificate ofvf r�tration
requiring vaccination to prevent rabies who files an application meeting thc
identification and in cases where the dog or cat might become impounded, lost or
injured. Application for thc certificate of registration/license shall be made by the owner,
part 1, chapter 169 (Zoonosis Control, Rabies Control and Eradication). If there is a
Coop. An enclosure in which fowl are confined.
Dangerous dog. Any dog that, according to the records of the appropriate authority:
(1) Has bitten, attacked, or endangered or has inflicted severe injury on a
human being on public or private property;
(2) Has more than once severely injured or killed a domestic animal while
off the owner's property;
(3) Has been used primarily or in part for the purpose of dog fighting or is a
dog trained for dog fighting; or
(4) Has, when unprovoked, chased or approached a person upon the
streets, sidewalks, or any public grounds in a menacing fashion or apparent
attitude of attack, provided that such actions are attested to in a sworn
statement by one or more persons and dutifully investigated by the
appropriate authority.
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Dangerous wild animal.
(1) A lion;
(2) A tiger;
(3) An ocelot;
(4) A cougar;
(5) A leopard;
(6) A cheetah;
(7) A jaguar;
(8) A bobcat;
(9) A lynx;
(10) A serval;
(11) A caracal;
(12) A hyena;
(13) A bear;
(14) A coyote;
(15) A jackal;
(16) A baboon;
(17) A chimpanzee;
(18) An orangutan;
(19) A gorilla; or
(20) Any hybrid of an animal listed in this section.
Dog. All domesticated members of Canis familiaris, male and female, alive or dead.
Euthanasia. To humanely cause the death of an animal by a method which:
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(1) Rapidly produces unconsciousness and death without visible evidence
of pain or distress; or
(2) Utilizes anesthesia produced by an agent which causes painless loss of
consciousness with death following such loss of consciousness.
Fowl. Chickens, turkeys, pheasants, peacocks, quail, geese, ducks, or similar feathered
animals, regardless of age, sex, or breed, excluding roosters.
Harboring or harboring of animal. The keeping and caring, including but not limited to
feeding and providing water, for an animal for seventy-two (72) hours or longer.
Impound. To seize and hold in the custody of the local rabies control authority or other
authority such as a veterinarian.
Invisible fence. Any fence which cannot be seen with the human eye but that is
designed to keep an animal enclosed in a space by means of laser technology or sound
technology. Such invisible fence must not be capable of causing pain or discomfort to
any human being that crosses its path.
Law enforcement officer. Those authorized to enforce the provisions of this chapter,
namely, the local rabies control authority, any animal control officer, or any law
enforcement officer.
Livestock. Any horses, mules, donkeys, cattle, hogs, goats and sheep of any and all
kinds, and shall include both the male and female species of such animals.
Local rabies control authority. The animal control officer is designated as the local
rabies control authority and has authority to appoint representatives to enforce the
provisions of this chapter, receive reports of animal bites, investigate animal bites,
insure quarantine of possibly rabid animals and otherwise carry out provisions of state
law pertaining to control and eradication of rabies.
Neuter. The surgical removal of the male reproductive organs of an animal to render it
unable to reproduce.
Owner. A person who harbors, keeps, possesses, or permits to be 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.
Person. Any individual, firm, association, partnership, or corporation or any other legal
entity.
Police dog. Any dog used by a law enforcement agency or its officers in the
administration of official duties.
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Pot-bellied pig. A variety of swine that is no more than eighteen inches (18") in height at
shoulder level when full grown, [having] short erect ears, and a straight tail. Swine shall
not be considered a pot-bellied pig if its weight exceeds sixty (60) pounds, or unless
registered with a licensed breeder.
Prohibited animals. An animal not normally considered domesticated 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.
Proper enclosure of a dangerous dog. Shall mean, while on the owner's property, a
dangerous dog is securely confined indoors or in a securely enclosed and locked pen or
structure, suitable to prevent the entry of young children (nine (9) years of age or
younger) and designed to prevent the animal from escaping. Such pen or structure shall
have secure sides and, where appropriate, a secure top to prevent the dog from
escaping over, under, or through the structure and shall also provide protection from the
elements.
Quarantine. Strict confinement under restraint by closed cage or padlock or in any other
manner approved in this chapter or state law on the private premises of the owner or at
a facility approved by the state board of health or its designee, or the local rabies control
authority.
Severe injury. Any physical injury which results in broken bones, multiple bites, or
disfiguring lacerations requiring sutures or reconstructive surgery.
Spay. The surgical removal of the female reproductive organs of an animal to render it
unable to reproduce.
Unprovoked. An action by an animal that is not in response to being tormented, abused,
teased or assaulted by any person; in response to pain or injury; or in protection for
itself or its food, kennel, immediate territory, or nursing offspring.
Vaccinated. Properly injected with a rabies vaccine licensed for use in that species by
the United States Department of Agriculture and administered by a veterinarian licensed
to practice in the state in an amount sufficient to provide immunity and satisfies the
following criteria:
(1) The animal must have been at least four (4) months of age at the time
of vaccination;
(2) At least thirty (30) days have elapsed since the initial vaccination; and
ORD 2018-12 Page 6 of 14
(3) Not more than twelve (12) months have elapsed since the most recent
vaccination, or, if a three (3) year vaccination, then not more than thirty-six
(36) months have elapsed since the most recent vaccination.
Veterinarian. One licensed by state board of veterinary medical examiners, qualified
and authorized to treat diseases and injuries of animals.
Vicious animal. Any individual animal that has on two previous occasions, without
provocation, attacked or bitten any person or other animal, or any individual animal
which the local rabies control authority or his representative has reason to believe has a
dangerous disposition likely to be harmful to humans or other animals.
Wild animal. Includes all species of animals that commonly exist in a natural unconfined
state, usually not domesticated, and any species of animal illegal to own under federal,
state or local law. This shall apply regardless of state or duration of captivity. The term
shall include but is not limited to foxes, panthers, wolves, alligators, crocodiles, apes,
elephants, rhinoceroses, and all forms of poisonous or constricting reptiles, and other
like animals.
SECTION 2.01.004 FEES
All fees for licensing, daily handling, impoundment, disposal, quarantine, lost or
destroyed tags, and/or transfer to the animal shelter are stated on the schedule of fees,
to be revised from time to time by the local rabies control authority and approved by the
town council. The schedule of fees is located in appendix A of the town's Code of
Ordinances. A copy of the schedule of fees can be obtained from the local rabies
control authority or the town secretary.
SECTION 2.01.007 MAXIMUM NUMBER OF ANIMALS
(a) Declaration of nuisance. The keeping of more than the maximum number of
animals permitted by this section shall be considered a public nuisance.
(b) Maximum number. It shall be unlawful to keep or harbor more than four (4)
animals of any one species six (6) months of age or older or more than a total of six (6)
animals on any premises used or zoned for residential purposes and less than two
acres in area.
(c) Exemptions. The provisions of subsection (b) shall not apply to: (i) licensed
residential breeders, (ii) licensed residential foster owners, or (iii) a person(s) who keeps
or harbors more than four (4) dogs and four (4) cats six (6) months of age or older in
violation of subsection (b)_, -- _- _ - es .••-e _ • .- •• - e -e• _• e
ORD2018-12 Page 7of14
certificates of registration. Failure to maintain a current license for residential breeders
or; a current license for residential foster owners or irrent registration of each such
animal as required in this section shall result in a forfeiture of this exemption.
SECTION 2.01.019 LICENSES AND TAGS
(a) Owner identification and rabies vaccination tag required. A person within the town
who is the owner or harborer of a dog or a cat that is three (3) months of age or older
shall place and maintain a collar on the animal which collar shall have:
(1) A current identification tag listing the owner or harborer's name, current
address and current telephone number; and
(2) A tag evidencing compliance with the requirements of state law
regulating rabies vaccination under the Rabies Control Act, as amended, and
chapter 2 of this Code of Ordinances.
(b) Posse-don of unlicensed dog or cat prohibited. A person commits an offense if he
law enforcement officer enforcing this chapter the receipt for the animal's town
registration. The failure or refusal of an owner to produce to the law enforcement officer
contained in subsection (a) of this section.
(Gb) Issuance of taq; wearing of tags. Upon presentation of the vaccination certificate
representative shall issue to the owner a license tag. The license tag and The
vaccination tag shall be affixed to a collar, which shall be attached to the animal's neck
and worn by such animal at all times.
(d) Lost or destroyed tags. In the event a-license tag i;-lest or destroyed, a new tag
fee schedule in a• •endix A of this code. The replacement license tag shall be valid only
for the period of time that remained on the original license receipt.
(e) Failure to obtain license tag. A person commits an offense, without regard to his
mental state, if he owns an animal without a current licensing tag for the animal.
( c) Defenses. It is a defense to prosecution that:
ORD 2018-12 Page 8 of 14
(1) The animal was younger than three (3) months of age; or
(2) The owner of the animal has resided in the town less than thirty (30)
days.
(g) Transfer of registration or licensing. Town registration or licensing of an animal is
SECTION 2.01.020 SPECIAL REQUIREMENTS FOR KEEPING MINIATURE PIGS,
FERRETS, AND FOWL
(a) Pot-bellied or miniature pigs.
(1) It shall be unlawful for any person to keep, harbor or raise more than
two (2) adult pot-bellied pigs in any one (1) residence within the town.
(2) It shall be unlawful for any person to keep a pot-bellied pig outdoors
other than those times necessary for the elimination of waste or for exercise.
Pot-bellied pigs are subject to all applicable sections of this chapter, including
the prohibitions against animals at large.
(3) It shall be unlawful for any person to keep, harbor, or raise a pot-bellied
pig which has not been altered (spayed or neutered), and its tusks removed
from its body.
(il) It shall be unlawful for any person to keep a pot bellied pig at any
shall be determined by the animal control services or division. The application
fee as required on the schedule of fees for pot bellied pigs.
(b) Ferrets.
(1) It shall be unlawful for any person to keep, harbor, or raise more than
four (4) adult ferrets in any one (1) residence within the town.
(2) It shall be unlawful for any person to keep, harbor, or raise a ferret
which has not received annual ferret rabies and distemper vaccinations and
that is not spayed or neutered.
(3) Cages used for keeping of ferrets shall be made to prevent the animal
from escaping and being large enough to ensure compliance with this
chapter.
ORD 2018-12 Page 9 of 14
which is not registered and licensed with the animal control services or
division. The licensing fee for ferrets is set out in the schedule of fees.
(c) Fowl.
(1) Location and maximum number. Fowl shall only be allowed on property
zoned for single-family residential 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.
(2) 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.
(3) Location and other requirements for coops. A coop shall comply with
the following requirements. A coop shall:
(A) This section shall not apply to pet birds kept within residential or
commercial structures, nor shall it apply to bird houses for the keeping of
migrating or wild birds;
(B) Be a minimum of twenty feet (20') from any street right-of-way;
(C) Be located a minimum of ten feet (10') from rear and side lot lines;
(D) Not be located in any front or side yard(s); and
(E) Be fully screened from public view in accordance with applicable
town regulations.
(4) 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 attract flies,
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 debris of any nature or feces across any
property line.
ORD 2018-12 Page 10 of 14
2.02 Subsection (d), Notification of owner, of Section 2.02.001, Generally, and Section
2.02.003, Adoption of impounded animals, of Article 2.02, Impoundment, of Chapter 2,
Animal Control, of the Town of Trophy Club Code of Ordinances are hereby amended
as follows and all other sections and subsections not expressly mentioned hereafter
shall remain the same::
CHAPTER 2 ANIMAL CONTROL
ARTICLE 2.02 IMPOUNDMENT
SECTION 2.02.001 GENERALLY
(d) Notification of owner. Prior to adoption or euthanasia, reasonable attempts in
accordance with the written town animal control policy shall be made to contact the
owner of the registered animals. _ _ - -_ _ - _ - . e"- _. • e" _ -- --
property of the town after the three (3) day impound period.
SECTION 2.02.003 ADOPTION OF IMPOUNDED ANIMALS
(a) A person who desires to adopt an animal from the town shall:
(21) Have the animal vaccinated for rabies within five (5) days after
adoption. If the animal is not of proper age for vaccination, then the animal
must be vaccinated within fourteen (14) days of reaching the proper age;
( ,2) Have the animal spayed or neutered within fourteen (14) days after
adoption, provided the animal is of proper age for such procedure. If the
animal is not of proper age for the procedure, then the animal must be spayed
or neutered within fourteen (14) days of reaching the proper age; and
(43) Sign a promise in writing that the animal will be vaccinated and
spayed/neutered within the time limits prescribed in subsections (21) and (32)
of this subsection. The animal control services or division shall keep such
written promise on file. It is an offense under this section for the owner of the
animal to fail to provide proof of vaccination to the animal control services or
division within five (5) days from the date of adoption. It is a separate offense
under this section for the owner of the animal to fail to provide proof of
spaying/neutering to the animal control services or division within fourteen
(14) days from the date of adoption or the date when the animal reaches the
ORD 2018-12 Page 11 of 14
proper age. If (i) an owner makes a promise to vaccinate or spay/neuter in
writing, (ii) the animal is thereafter impounded a second time, and (iii) it is
determined that the animal was not vaccinated and/or spayed/neutered in
accordance with the written promise, then the impoundment fee shall be
doubled as required in the schedule of fees adopted by the town.
(' 4) For any subsequent impoundment of such animal that remains
unvaccinated and/or unspayed/unneutered at the time of impoundment, an
additional impoundment fee as set forth in the town's schedule of fees shall
be assessed.
(b) The local rabies control authority shall make the final determination as to whether
an animal is healthy enough for adoption. Provided, however, that such a decision by
the local rabies control authority shall not constitute a warranty, either express or
implied, of the health or age of the animal.
SECTION 3.
SAVINGS AND REPEALER
This Ordinance shall be cumulative of all other ordinances of the Town affecting
setting Fee Schedules and shall not repeal any of the provisions of such ordinances
except in those instances where provisions of those ordinances are in direct conflict with
the provisions of this Ordinance; whether such ordinances are codified or uncodified,
and all other provisions of the Ordinances of the Town of Trophy Club, codified or
uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force
and effect. Notwithstanding the foregoing, any complaint, action, cause of action or
claim which prior to the effective date of this Ordinance has been initiated or has arisen
under or pursuant to such repealed Ordinance(s) shall continue to be governed by the
provisions of that Ordinance and for that purpose the Ordinance shall be deemed to
remain and continue in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or its application to any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this Ordinance; and the Town Council hereby
declares it would have passed such remaining portions of the Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
ORD 2018-12 Page 12 of 14
SECTION 5.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish the
Caption, Penalty Clause, and Effective Date Clause of this Ordinance as required by
Section 52.013 of the Texas Local Government Code.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision of this Ordinance shall be
deemed guilty of a class C misdemeanor upon conviction and shall be fined, except as
otherwise provided herein, in a sum not to exceed two thousand dollars ($2,000.00) for
each offense, and a separate offense shall be deemed committed upon each day during
or on which a violation occurs or continues.
SECTION 7.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance in accordance with the Town Charter.
SECTION 8.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of passage and
publication as required by law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, on this 12th day of June 2018.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
[SEAL]
ATTEST:
y�
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Holly FimlVes, Town Secretary ,,
Town of Trophy Club, Texas �
agcy`.
ORD 2018-12 Page 13 of 14
APPROVE 1 TOA FORM:
/1 ,
J. Davi•f t. •V F'own Attorney
Town • " Trophy Club, Texas
ORD 2018-12 Page 14 of 14