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ORD 2006-24TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2006-24 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, BY AMENDING SECTION 1.01 THROUGH SECTION 1.27 OF CHAPTER II, ENTITLED "ANIMAL CONTROL", OF THE CODE OF ORDINANCES, AND ADOPTING A NEW CHAPTER II, ENTITLED "ANIMAL CONTROL", SECTION 1.01 THROUGH SECTION 1.27 OF THE TOWN OF TROPHY CLUB TO: ADOPTE NEW REGULATIONS GOVERNING ANIMAL CONTROL; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas (the "Town") recognizes the need for consistency with state law requirements; and WHEREAS, in an effort to provide its citizenry with efficient and up to date regulations, the Town has determined the need to adopt new regulations governing animal control; and WHEREAS, the Town has the authority and the power to adopt regulations relating to the control of the public health of its citizens, the Town Council hereby finds and declares that it is in the interest of the public health, safety and general welfare to establish the regulations set forth in this ordinance for the control of animals within the limits of the Town of Trophy Club. 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. AMENDMENT 2.01 Chapter 11, entitled "Animal Control", Section 1.01 through Section 1.27, is hereby amended, so that Section 1.01 through Section 1.27 reads as follows: "Section 1.01 Definitions Abandon: Shall mean 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: 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. Animal Control Department: Shall mean 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: Shall mean 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 relating to the licensure of Animals, 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: Shall mean 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 Article or state law. At Large: Shall mean when an Animal is not confined to the premises of its Owner by 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 action 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 Department. Bite: Shall mean any abrasion, scratch, puncture, tear or piercing of skin caused by an Animal. Cat: Shall mean 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 of Registration and a license, to any person living in the Town who owns or possesses a dog or cat requiring vaccination to prevent rabies who files an application meeting the requirements of this Chapter. Such Certificate of Registration is for the purpose of owner identification and in cases where the dog or cat might become impounded, lost or injured. (a) Application for the Certificate of Registration/License shall be made, by the owner, in writing or in person, and be accompanied by proof that the dog or cat is currently vaccinated against rabies in accordance with the Texas Administrative Code, title 25, part 1, chapter 169. Zoonosis Control, Rabies Control and Eradication. If there is a change in ownership, the new owner shall have the identification tag transferred to his name within ten (10) days after taking possession of the animal. Dangerous Dog: Shall mean any dog that, according to the records of the appropriate authority; 1. Has aggressively bitten, attacked, or endangered or has inflicted Severe Injury on a human being on public or private property; or 2. Has more than once severely injured or killed a domestic Animal while off the Owner's property; or 3. as 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. Dangerous Wild Animal: Shall mean: 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: Shall mean all domesticated members of the canis familaris, male and female, alive or dead. Euthanasia: Means to humanely cause the death of an Animal by a method which: 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. Harboring of Animals: Shall mean the keeping and caring, including but not limited to feeding and providing water, for an animal for seventy-two (72) hours or longer. Impound: Shall mean to seize and hold in the custody of the Local Rabies Control Authority or other authority such as a Veterinarian. Invisible Fence: Shall mean 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: Shall mean those authorized to enforce the provisions of this Article, namely, the Local Rabies Control Authority, any Animal Control Officer, or any Law Enforcement Officer. Livestock: Shall mean 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 Article, to receive reports of Animal Bites, investigate Animal Bites, insure Quarantine of possibly rabid Animals and otherwise carry out provisions of the Texas law pertaining to control and eradication of rabies. Neuter: Shall mean the surgical removal of the male reproductive organs of an animal to render it unable to reproduce. Owner: Shall mean a Person who harbors, ]seeps, 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 Animal as a gift. Person: Shall mean any individual, firm, association, partnership, or corporation or any other legal entity. Police Dog: Shall mean any Dog used by a law enforcement agency or its officers in the administration of official duties. Pot -Bellied Pig: The term "Pot -Bellied Pig' shall refer to a variety of swine that is no more than eighteen inches (18") in height at shoulder level when full grown, 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: Shall mean 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 or fowl. 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: Shall mean 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: Shall mean any physical injury which results in broken bones, multiple bites, or disfiguring lacerations requiring sutures or reconstructive surgery. Spay: Shall mean the surgical removal of the female reproductive organs of an animal to render it unable to reproduce. Town: Town of Trophy Club, Texas Unprovoked: Shall mean 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: Shall mean properly injected with a rabies vaccine licensed for use in that species by the United States Department of Agriculture and administered by a Veterinarian licensed to practice in the State of Texas 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 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: Shall mean one licensed by Texas State Board of Veterinary Medical Examiners, qualified and authorized to treat diseases and injuries of Animals. Vicious Animal: Shall mean 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: Shall include 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 1.02 Enforcement A. Enforcement of this Article shall be the responsibility of the Local Rabies Control Authority. B. The Local Rabies Control Authority shall have the authority to issue citations for any violation of this Article. C. If person cited is not present, the Local Rabies Control Authority may send the citation to the alleged offender by registered or certified mail. D. It shall be unlawful for any person to interfere with the Local Rabies Control Authority in the performance of his duties. E. The Local Rabies Control Authority shall have the authority to humanely euthanize and/or destroy any animal in accordance with the provisions of this Article. F. The Local Rabies Control Authority shall have the authority to use a tranquilizer gun in the lawful discharge of his/her duties. G. Police Dogs are exempt from the provisions of this Article. H. Right of Entry; Search Warrants 1. Law Enforcement Officers are hereby authorized to enter upon any fenced or unfenced lot, tract or parcel of land for the purpose of capturing, impounding and/or quarantining any animal upon having probable cause to believe the animal to have bitten, injured or otherwise attached a human being or other animal or to have, or have been exposed to, rabies or another communicable disease posing a danger to the public health, safety or welfare; or otherwise pose a clear and present danger to human beings or other animals. This authorization is granted due to the emergency created by the potential rabies hazard or danger of injury to persons or other animals, and in recognition of the likelihood that such animal will otherwise escape capture. As a matter of policy, Law Enforcement Officers shall not enter upon private property to capture and/or impound any animal ]mown to belong to the owner of such property without probable cause to believe the animal poses a threat or danger to property, human beings or other animals. 2. Furthermore, should the Town Law Enforcement Officers have probable cause to believe an animal has been, or is being, cruelly treated or has rabies or another communicable disease, the Town enforcement agency may, pursuant to V.T.C.A., Health and Safety Code § 821.022, obtain a search warrant and impound such animal, even if it is enclosed on private property. Section 1.03 Humane Care of Animals A. Animals shall be provided humane care, treated and transported in a humane manner and not in violation of V.T.C.A., Penal Code § 42.09 and V.T.C.A., Health and Safety Code title 10 or any other provision of law, including federal, state and local laws, ordinances and rules. Section 1.04 Maximum Number of Animals A. The keeping of more than the maximum number of animals permitted by this section shall be considered a public nuisance. B. It shall be unlawful to keep or harbor more than animals of any one species six months of age or older or more than a total of six animals on any premises used or zoned for residential purposes and less than two acres in area. Exemptions. The provisions of Section B shall not apply to: (i) licensed residential breeders; or (ii) licensed residential foster owners; or (iii) a person(s) who keeps or harbors more than four (4) dogs and four (4) cats six months of age or older in violation of Section B, if the person has obtained Town certificates of registration for each animal on or before July 31, 2006 and continuously maintains current Town certificates of registration. Failure to maintain a current license for residential breeders, a current license for residential foster owners or current registration of each such animal as required in this section shall result in a forfeiture of this exemption. Section 1.05 Prohibited Actions Against Animals A. A person commits an offense if: 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 animal in an inhumane or cruel manner as defined by V.T.C.A., Penal Code § 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, whether such 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; 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 dog in 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 the Law Enforcement Officer as soon as practical; or 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. 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. Section 1.06 Animals At Large A. It shall be unlawful for any Owner to allow a Dog or any other Animal possessed, kept or harbored by him, other than a Cat, to be at large, as or in Section 1.01 of this Article. B. Upon the complaint to a Local Rabies Control Authority that a Cat has caused a nuisance or hazard to the health or welfare of the human or Animal population, such Cat may be determined by a Local Rabies Control Authority to be At Large as defined in subsection (A) of this Section. C. The Local Rabies Control Authority is authorized to Impound such Animals At Large. Section 1.07 Impounding of Animals A. The Local Rabies Control Authority shall take into custody any Animal found At Large in the Town and shall Impound the Animal into the custody of the police department; the police department's designated place of Animal detention, or the Animal Shelter as defined by Section 1.01 of this Article. B. Such Impounded Animal shall be held for a period of not more than three (3) days if not claimed or surrendered before the three (3) day period. C. At the end of such period, if the Animal has not been claimed and the fees associated with the Impoundment have not been paid to the Town, the Animal is deemed the property of the Town and may be placed up for adoption by the Town or euthanized as determined by the Local Rabies Control Authority. D. 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. Unregistered Animals will automatically become the property of the Town after the three (3) day Impound period. E. Protective Custody Impounds 1. If an animal is impounded as the result of a fire, medical emergency, hospitalization, custody arrest, or other natural or manmade situation that leaves the owner, harborer or person otherwise in possession of the animal temporarily incapable of maintaining control of, or caring for, the animal, an animal control officer may impound the animal and house it at the Animal Shelter. 2. The owner, harborer or the person that was in possession of the animal will be notified of the location of the animal, the conditions under which the animal may be released, and that the animal will be held for a period of seven (7) days. If the owner, or his designee, has not claimed the animal within seven (7) days, the animal becomes the property of the city to be disposed of by the animal control center through adoption, transfer to an animal rights organization, or euthanasia. 3. Owners, or their designees, shall fulfill all the requirements for redemption as prescribed by this article. Section 1.08 Authority to Impound, Destroy, Dill or Muzzle Certain Animals A. The Local Rabies Control Authority shall have the authority to Impound an Animal which is diseased and could endanger the health and welfare of another Animal or Person. B. The Local Rabies Control Authority or any Law Enforcement Officer shall have the authority to kill an Animal which, in the sole opinion of the officer, such Animal poses an imminent danger to a Person or property, and a real or apparent necessity exists for the destruction of the animal. C. The Local Rabies Control Authority shall have the authority to muzzle; or order the Owner, handler, or controller of an animal to muzzle an animal, which, in the sole opinion of the Local Rabies Control Authority, poses a threat to the safety or welfare of any Person. D. The Local Rabies Control Authority shall have the authority to Impound any prohibited Animal, Wild Animal or Livestock possessed in violation of this Article. Section 1.09 Dangerous Dogs A. The provisions of Subchapter D, Chapter 822 of the Texas Health and Safety Code, as amended, are adopted by and incorporated into this Article. 1. Declaration of Dangerous Dog a. If the Local Rabies Control Authority has cause to believe that a Dog is a Dangerous Dog as defined by this Article, he may find and declare such Dog a Dangerous Dog. b. Within three (3) days of declaring a Dog dangerous, the Local Rabies Control Authority will notify the person owning the Dog of its designation as a Dangerous Dog and provide him with a copy of this Article. The notification to the Owner will be provided in Person or through certified mail. The Local Rabies Control Authority shall also notify the Town Manager, fire department, and police department of the designation of any Dog as a Dangerous Dog. The notification will describe the Dog and specify any particular requirements or conditions placed upon the person owning the Dog. c. The notice shall inform the Owner of the Dog that lie may request, in writing, an appeal of the Dangerous Dog determination within ten (10) days from the receipt of the certified mail or date of the personal notification of the Dangerous Dog declaration to contest the finding and designation. 2. Requirements for Owner of Dangerous Dog a. If the Owner of a Dog that has been determined dangerous by the Local Rabies Control Authority elects not to appeal that decision pursuant to Section 1.09(C) of this Article, then within thirty (30) days of the expiration of the ten (10) day time period for appeal, the Owner shall comply with the requirements listed in this section. If the Owner of a Dog that has been determined dangerous appeals that decision to the Municipal Court, then such Owner shall comply with the requirements of this section within thirty (30) days after such determination by the Municipal Court. The requirements of this section that must be met are as follows: i. Register the Dangerous Dog with the Local Rabies Control Authority for the area in which the Dog is kept; and ii. Restrain the Dangerous Dog at all times on a leash in the immediate control of a Person or in a secure enclosure; and iii. Obtain liability insurance coverage or show financial responsibility in the amount specified by state law to cover damages resulting from an attack by the Dangerous Dog causing bodily injury to a Person. iv. For purposes of this section, a Person learns that the Person is the Owner of a Dangerous Dog when: (a.) The Owner knows of an attack described in the definitions section of this Article under Section 1.01 of this Article; and (b.) The Owner is informed by the Animal Control Officer that the Dog is a Dangerous Dog; or (c.) A determination is made by the Municipal Court that the Animal is a Dangerous Dog. v. Appeal from Dangerous Do. -Determination (a.) Appeals from the Local Rabies Control Authority's determination that a Dog is dangerous will be heard by the Municipal Court. Upon notice of appeal as prescribed in this section, the Municipal Court will hear the case at the next trial setting after the request for appeal. (b.) The appeal is a civil proceeding for the purpose of affirming or reversing the Animal Control Officer's determination of dangerousness. If the Dog has been impounded, the municipal court judge may waive any and all fees associated with the Impoundment and release the Dog to its Owner upon reversal of the Local Rabies Control Authority's determination. Section 1.10 Fees A. 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 Chapter 1, Article 8 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 1.11 Release of Unvaccinated Animals A. Before releasing any Impounded Animal, an Owner shall provide proof of current rabies vaccinations for the Impounded animal. Current is defined as having been vaccinated for rabies within the last year if Animal was given a twelve (12) month vaccine or three (3) years if given the thirty (36) month vaccine. If Owner cannot provide proof of current vaccinations, Owner shall be given a written warning notice that the Animal is to be Vaccinated within five (5) days or face prosecution for possessing an unvaccinated Animal. All fees associated with the impoundment of the Animal must be paid by the Owner at the time of release of the Animal. It is an offense under this section for the Owner of the Animal to fail to provide the proof of Vaccination to the Animal Control Department within five (5) days from the date of release. Section 1.12 Adoption A. A person who desires to Adopt an Animal from the Town shall: 1. Register and license the Animal with the Town; 2. Have the Animal Vaccinated for rabies within five (5) days after Adoption. If Animal is not of proper age for Vaccination, then the Animal must be vaccinated within fourteen (14) days of reaching the proper age; and 3. 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. 4. Sign a promise in writing that the Animal will be Vaccinated and Spayed/Neutered within the time limits prescribed in (2) and (3) of this subsection. The Animal Control Department 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 Animal Control Department 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 Animal Control Department within fourteen (14) days from the date of Adoption or the date when the Animal reaches the proper age. If, a. An Owner makes a promise to Vaccinate or Spay/Neuter in writing, b. The animal is thereafter Impounded a second time, and c. 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. 5. 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 1.13 Livestock, Wild or Prohibited Animals A. It shall be unlawful to keep or harbor any Livestock, Wild or Prohibited Animal within the Town, except at commercial establishments dealing in the sale or handling of such Animals, having proper zoning for such commercial enterprises and having proper facilities for the care and restraint of such Animals. B. The Local Rabies Control Authority may establish conditions under which it would be permissible to keep or harbor Livestock, Wild or Prohibited Animals in the Town on a temporary basis. Section 1.14 Confinement Required of Animal Allegedly Involved in Attack A. When an Animal has bitten, scratched, or otherwise attacked a Person or Animal, anyone having knowledge of such incident shall immediately notify the Local Rabies Control Authority. Such Animal shall then be confined in a veterinary hospital or approved Animal Shelter designated by the Local Rabies Control Authority for a period of ten (10) days. The cost of such confinement shall be paid by the Owner of the Animal. Such Animal shall, during such period of confinement, be subject to inspection by the Local Rabies Control Authority, other Town personnel or a licensed veterinarian. If after the ten (10) day period, the Owner fails to pick up the Animal, the Local Rabies Control Authority may follow the procedure for Adoption or disposal of an Impounded Animal. Section 1.15 Vicious Animals A. A Vicious Animal, as defined in Section 1.01 of this Article, shall not be allowed in the Town limits. Any Vicious Animal found in the Town shall be removed immediately by order of the Municipal Court. If the Owner of the Vicious Animal fails to remove such animal, the Local Rabies Control Authority may have such Animal Impounded and/or destroyed. Section 1.16 Vaccination A. State Regulations 1. The Town hereby adopts the Rabies Control Act of 1981 (V.T.C.A., Health and Safety Code, § 826.001 and Texas Administrative Code, Title 25, Part 1, Chapter 169 et seq.) and the standards established by the Texas State Board of Health as minimum standards for rabies control and quarantine provisions within the Town. In addition thereto, all of the rabies control provisions of this article, which are adopted pursuant to V.T.C.A., Health and Safety Code §§ 826.015 and 826.033, shall have application within the Town. B. The owner or custodian of each Dog or Cat shall have the Animal Vaccinated against Rabies by four (4) months of age. The Animal must receive a booster within the twelve (12) month interval following the initial Vaccination. Every Dog or Cat must be revaccinated against rabies at a minimum of at least once every three (3) years with a rabies vaccine licensed by the United States Department of Agriculture. The Vaccine must be administered according to label recommendations and by a legally licensed veterinarian. Section 1.17 Licenses and Tags A. License Required 1. The Owner or harborer of each Animal more than three (3) months old in the Town shall Register the Animal with the Town Manager or the Town Manager's duly authorized representative and obtain a license for such animal from the Animal Control Department. At the time of application for such license, the Owner shall present the current certificate of Vaccination for each Animal and pay a one time licensing fee for each Animal; the amount of which is to be designated on the Schedule of Fees of the Town. B. Possession of Unlicensed Dog or Cat Prohibited 1. A person commits an offense if he possesses within the Town an Animal which has not been licensed according to Section 1.17(A), above. The Owner of an animal shall, upon request, show to the Law Enforcement Officer enforcing this Article the receipt for the Animal's Town registration. The failure or refusal of an Owner to produce to the Law Enforcement Officer the receipt for the Animal's Town Registration or a current license tag shall constitute prima facie proof that such animal has not been licensed according to the requirement contained in Section 1.17(A), above. C. Issuance of Tags 1. Upon presentation of the Vaccination certificate and payment of the licensing fee, the Town Manager or the Manager's duly authorized representative shall issue to the Owner a license tag. The license tag and 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 of Destroyed Tags 1. In the event a license tag is lost or destroyed, a new tag shall be issued by the Town Manager or the Manager's duly authorized representative upon presentation of a receipt showing the payment of the initial license fee and upon the payment of a replacement fee, the amount of which is to be designated on the Schedule of Fees. The replacement license tag shall be valid only for the period of time that remained on the original license receipt. E. Failure to Obtain Licensing Tag 1. A person commits an offense, without regard to his mental state, if he owns an animal without a current licensing tag for the animal. F. Defenses 1. It is a defense to prosecution that: a. The animal was younger than three (3) months of age; or b. The Owner of the animal has resided in the Town less than thirty (30) days. G. Transferability of Registration or Licensing 1. Town registration or licensing of an animal is not transferable to another animal. Section 1.18 Special Requirements For Keeping Miniature Pigs and Ferrets 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 Article, 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. 4. It shall be unlawful for any Person to keep a Pot -Bellied Pig at any location within the Town unless such Person has first filed with the Local Rabies Control Authority a Registration application to keep such an Animal and such application has been approved. The information required in the application shall be determined by the Animal Control Department. The application shall be accompanied by the necessary veterinary documents and licensing 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 Article. 4. It shall be unlawful for any Person to keep, harbor, or raise any Ferret which is not registered and licensed with the Animal Control Department. The licensing fee for Ferrets is set out in the Schedule of Fees. Section 1.19 Exceptions A. The provisions of Section 1.06 of this Article (relating to Animals At Large) shall not apply to Cats or to Dogs under the age of four (4) months. B. With the exception of sanitation requirements, noise prohibition and prohibition on keeping Vicious Animals, the provisions of this Article shall not apply to Dogs or Cats of non- residents of the Town who are temporarily visiting in the Town, which Dogs or Cats, while out of doors are kept securely under control by a leash, rope or trap, or confined in a vehicle. Section 1.20 Certificate of Registration For Dangerous Wild Animals A. A Person may not own, harbor, or have custody or control of a Dangerous Wild Animal for any purpose unless the Person holds a Certificate Of Registration for that Animal issued by the Local Rabies Control Authority. B. An Owner of a commercial establishment dealing in the sale or handling of Dangerous Wild Animals may not own, harbor, or have custody or control of a Dangerous Wild Animal within the corporate limits of the Town for any purpose unless the person holds a Certificate Of Registration for that Animal issued by the Town Animal Control Department. C. A Certificate Of Registration issued under this Article is not transferable and is valid for one (1) year after its date of issuance or renewal unless revoked. D. The fee charged to an applicant shall be in accordance with the Town's currently adopted fee schedule; provided however, that the fee may not exceed fifty dollars ($50) for each Animal registered and may not exceed five -hundred dollars ($500) for each Person registering such Animals, regardless of the number of Animals owned by the Person. The fees collected shall be used only to administer and enforce this Article. Section 1.21 Certificate of Registration Application For Dangerous Wild Animals A. An applicant for an original or renewal Certificate Of Registration for a Dangerous Wild Animal shall file an application with the Local Rabies Control Authority on a form provided by the Local Rabies Control Authority. The application shall include: 1. The name, address, and telephone number of the applicant; 2. A complete identification of each Animal, including species, sex, age, if known, and any distinguishing marks or coloration that would aid in the identification of the Animal; 3. The exact location where each Animal is to be kept; 4. A Sworn Statement that: a. All information in the application is complete and accurate; and b. The applicant has read this Article and Subchapter E of Chapter 822, Texas Health and Safety Code, and that all facilities used by the applicant to confine or enclose the Animal comply with the requirements of that subchapter; and c. Any other information the Town in its capacity as the Animal Registration agency may require. B. An Applicant Shall Include With Each Application: 1. The nonrefundable fee; and 2. Proof, in a form acceptable to the Town, that the applicant has liability insurance as required by this Article; and 3. A color photograph of each Animal being registered taken not earlier than the thirtieth day before the date the application is filed; and 4. A photograph and a statement of the dimensions of the primary enclosure in which each Animal is to be kept and a scale diagram of the premises where each Animal will be kept, including the location of any perimeter fencing and any residence on the premises; and 5. If an applicant holds a Class "A" or Class `B" dealer's license or Class "C" exhibitor's license issued by the Secretary of Agriculture of the United States under the Animal Welfare Act (U.S.C. Section 2131 et seq.) and its subsequent amendments, a clear and legible photocopy of the license. C. In addition to the items required under subsection (B) of this section, an application for renewal shall include a statement signed by a Veterinarian licensed to practice in Texas stating that the Veterinarian 1. Inspected each Animal being registered not earlier than the thirtieth day before the date of the filing of the renewal application; and 2. Finds that the care and treatment of each Animal by the Owner meets or exceeds the standards prescribed under this Article. Section 1.22 Denial or Revocation of Certificate of Registration For Dangerous Wild Animals; Appeal A. If the Town finds that an application for an original or renewal Certificate Of Registration under this Article does not meet the requirements specified herein, or after inspection that an applicant has not complied with this Article or Chapter 822 of the Health and Safety Code, the Town shall deny the applicant a Certificate Of Registration and give the applicant written notice of the denial and the reasons of the denial. B. If the Local Rabies Control Authority finds, after inspection, that a registered Owner provided false information in or in connection with the application or has not complied with this chapter, the Local Rabies Control Authority shall revoke the Certificate Of Registration and give the Owner written notice of the revocation and the reasons for the revocation. C. A person may appeal the denial of an original or renewal Certificate Of Registration or the revocation of a Certificate Of Registration to the justice court for the precinct in which the Animal is located or the municipal court in the Town in which the Animal is located not later than the fifteenth day after the date the Certificate Of Registration is denied or revoked. Either party may appeal the decision of the justice or municipal court to a county court or county court at law in the county in which the justice or municipal court is located. The decision of the county court or county court at law may not be appealed. D. Filing an appeal of the denial or revocation of a Certificate Of Registration under subsection (B) of this section stays the denial or revocation until the court rules on the appeal. Section 123 Effective Date For Certificate of Registration For a Dangerous Wild Animal A. A Person is not required to obtain a Certificate Of Registration for a Dangerous Wild Animal obtained under this Chapter before June 1, 2002. Section 1.24 Inspection Related to Dangerous Wild Animals A. An Owner of a Dangerous Wild Animal, at all reasonable times, shall allow the Local Rabies Control Authority or a licensed veterinarian designated by the Local Rabies Control Authority to enter the premises where the Animal is kept and to inspect the Animal, the primary enclosure for the Animal, and the Owner's records relating to the Animal to ensure compliance with this Chapter. Section 1.25 Relocation or Disposition of A Dangerous Wild Animal A. An Owner of a Dangerous Wild Animal may not permanently relocate the Animal unless the Owner first notifies the Local Rabies Control Authority in writing of the exact location to which the Animal will be relocated and provides the Local Rabies Control Authority, with respect to the new location, the information required by Section 1.21 of this Article. B. Within ten (10) days after the death, sale, or other disposition of the Animal, the Owner of the Animal shall notify the Local Rabies Control Authority in writing of the death, sale, or other disposition. Section 1.26 Attack By A Dangerous Wild Animal; Escape of Dangerous Wild Animal; Liability For Dangerous Wild Animal A. An Owner of a dangerous Wild Animal shall notify the Local Rabies Control Authority of any attack of a human by the Animal within forty-eight (48) hours of the attack. B. An Owner of a Dangerous Wild Animal shall immediately notify the local health department and Town Police Department of any escape of the animal. C. An Owner of a Dangerous Wild Animal that escapes is liable for all costs incurred in apprehending and confining the animal. D. The Local Rabies Control Authority is not liable to an Owner of a Dangerous Wild Animal for damages arising in connection with the escape of a Dangerous Wild Animal, including liability for damage, injury, or death caused by the Animal during or after the Animal's escape, or for injury to or death of the Animal as a result of apprehension or confinement of the Animal after escape. Section 1.27 Care, Treatment And Transportation of Dangerous Wild Animals A. For each Dangerous Wild Animal, the Owner shall comply with all applicable standards of the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its subsequent amendments and the regulations adopted under that act relating to: 1. Facilities and operations; 2. Animal health and husbandry; and 3. Veterinary care. B. An Owner of a Dangerous Wild Animal shall maintain a separate written log for each Dangerous Wild Animal documenting the Animal's veterinary care and shall make the log available to the Local Rabies Control Authority on request. C. The log must: 1. Identify the Animal treated; 2. Provide the date of treatment; 3. Describe the type or nature of treatment; and 4. Provide the name of the attending Veterinarian, if applicable. D. When transporting a Dangerous Wild Animal, the Owner of the Animal, or a designated cagier or intermediate handler of the Animal, shall comply with all transportation standards that apply to that Animal under the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its subsequent amendments and the regulations adopted under that act. E. A Person is exempt from the requirements of this section if the Person is caring for, treating, or transporting an Animal for which the person holds a Class "A" or Class `B" Dealer's license or a Class "C" Exhibitor's license issued by the Secretary of Agriculture of the United States under the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its subsequent amendments. SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting Animal Control 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 application thereof 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 the Ordinance, and the Town Council hereby declares it would have passed such remaining of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caption and Effective Date clause in the minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in the Ordinance records of the Town. 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 fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. SECTION 7. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 24°i day of July, 2006. ATTEST: Town Secretary Town of Trophy Club, Texas [SEAL] QWQa0—&%1- Town Attorney Town of Trophy Club, Texas 2x Mayor Town of Trophy Club, Texas