ORD 2002-18TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2002. IS
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING
ORDINANCE NO. 1999-32, REGULATING THE CONTROL OF ANIMALS,
IN ITS ENTIRETY AND ADOPTING NEW PROVISIONS REGULATING
THE CONTROL OF ANIMALS TO INCLUDE ADDITIONAL
REGULATIONS FOR DANGEROUS WILD ANIMALS; PROVIDING
DEFINITIONS; PROVIDING FOR ENFORCEMENT; PROHIBITING
ANIMALS AT LARGE; AUTHORIZING THE IMPOUNDING OF ANIMALS;
PROVIDING AUTHORITY TO IMPOUND, DESTROY, KILL OR MUZZLE
CERTAIN ANIMALS; ADOPTING PROVISIONS FOR DANGEROUS DOGS;
PROVIDING FOR FEES; PROVIDING FOR THE RELEASE OF
UNVACCTNATED ANIMALS; PROVIDING FOR THE ADOPTION OF
ANIMALS; PROVIDING REGULATIONS RELATIVE TO WILD ANIMALS;
PROVIDING REGULATIONS RELATIVE TO WILD ANIMALS;
REQUIRING CONFINEMENT OF AN ANIMAL ALLEGEDLY INVOLVED
IN AN ATTACK; REGULATING VICIOUS ANIMALS; REQUIRING
VACCINATION; REQUIRING LICENSES AND TAGS; PROVIDING
SPECIAL REQUIREMENTS FOR KEEPING MINIATURE PIGS AND
FERRETS; PROVIDING REGULATIONS RELATIVE TO DEFECATION OF
ANIMALS ON PUBLIC AND PRIVATE PROPERTY; REQUIRING THE
MAINTENANCE OF SANITARY CONDITIONS; PROVIDING
REGULATIONS FOR ANIMAL NOISE, PROVIDING EXCEPTIONS;
PROHIBITING DANGEROUS WILD ANIMALS AND PROVIDING AN
EXCEPTION FOR COMMERCIAL ESTABLISHMENTS; REQUIRING A
CERTIFICATE OF REGISTRATION FOR DANGEROUS WILD ANIM/-,LS
AND SETTING FORTH PROVISIONS FOR APPLICATION FOR A
CERTIFICATE OF REGISTRATION; PROVIDING FOR THE DENIAL OR
REVOCATION OF CERTIFICATE OF REGISTRATION FOR DANGEROUS
WILD ANIMALS AND PROVIDING AN APPEALS PROCESS;
ESTABLISHING PROVISIONS FOR THE DISPLAY OF CERTIFICATE OF
REGISTRATION FOR DANGEROUS WILD ANIMALS; PROVIDING A
REQUIREMENT FOR PERSONS TO OBTAIN A CERTIFICATE OF
REGISTRATION FOR DANGEROUS WILD ANIMALS BEGINNING JUNE 1,
2002; PROVIDING FOR LIABILITY INSURANCE COVERAGE RELATIVE
TO DANGEROUS WILD ANIMALS; PROVIDING FOR THE INSPECTION
OF DANGEROUS WILD ANIMALS; SETTING FORTH PROVISIONS FOR
THE RELOCATION OR DISPOSITION OF DANGEROUS WILD ANIMALS;
PROVIDING ATTACK, ESCAPE, AND LIABILITY PROVISIONS RELATED
TO DANGEROUS WILD ANIMALS; PROVIDING FOR THE CARE,
TREATMENT, AND TRANSPORTATION OF DANGEROUS WILD
ANDIALS; PROVIDING FOR THE REGULATION OF TRANSFER OF
OWNERSHIP OF DANGEROUS WILD ANIlYIALS; PROVIDING OFFENSE
AND PENALTY FOR DANGEROUS WILD ANIMALS; PROVIDING FOR A
CIVIL PENALTY FOR SPECIFIC VIOLATIONS RELATED TO
DANGEROUS WILD ANIMALS IN AN AMOUNT NOT TO EXCEED THE
SUM OF $2,000.00 FOR EACH OFFENSE, AND A SEPARATE OFFENSE
SHALL BE DEEMED COMMITTED DURING OR ON EACH DAY WHICH
VIOLATION OCCURS OR CONTINUES; PROVIDING APPLICABILITY;
PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING FOR
SAVINGS; PROVIDING SEVERABILITY; PROVIDING A PENALTY NOT
TO EXCEED THE SUM OF $2,000.00 FOR EACH OFFENSE, AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY
DURING OR ON WHICH A VIOLATION OF THIS ORDINANCE OCCURS
OR CONTINUES AND PROVIDING FOR INJUNCTIVE RELIEF;
PROVIDING PUBLICATION; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas, (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;
WHEREAS, on December 21, 1999, the Town passed and approved Ordinance No.
1999-32, repealing Ordinance No. 98-18 relating to the control of animals in its entirety and
--------- replacing same;
WHEREAS, House Bill 1362 of the Texas 77`x' Legislature amended Chapter 822 and
provided for specific regulations for dangerous wild animals;
WHEREAS, it has been determined to be in the best interest of the Town to repeal
Ordinance 1999-32 relating to the control of animals, in its entirety, and establish new provisions
for the control of animals to specifically include regulations for dangerous wild animals.
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 titiie and correct and are incorporated herein
and made a part hereof for all purposes.
SECTION 2.
DEFINITIONS
A. Abandon: Shall mean to leave unattended for more than seventy-two (72) hours.
B. Animal: Shall mean any living creature, including but not limited to: dogs, cats,
cows, horses, birds, fish, mammals, reptiles, insects, fowl, and livestock, but
specifically excluding human beings.
C. 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 ordinance relating to the Iicensure 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.
D. 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 ordinance or state law.
E. 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 Stich 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 vehicie. An "invisible fence" will suffice as
sufficient restraint so Iong as the animal is not found outside the premises of the
Owner and the invisible fence is registered with the animal control department.
F. Site: Shall mean any abrasion, scratch, puncture, tear or piercing of skin caused by
an animal.
G. Cat: Shall mean all domestic species or varieties of felis catus, male or female,
alive or dead.
H. Dangerous„ Dog: Shall mean any dog that, according to the records of the
appropriate authority;
(1) Has aggressively bitten, attached, 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 attach, provided that such actions are attested to in a sworn
statement by one or more persons and dutifully investigated by the
appropriate authority.
I. 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;
(S) 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.
1. Dog: Shall mean all domesticated members of the canis farnilaris, male and
female, alive or dead.
K. Enforcement Officers: Shall mean those authorized to enforce the provisions of
this Ordinance, including but not limited to, the local health authority
representative, any animal control officer, or any police officer.
L.
Harboring of animals: Shall mean the keeping and caring, including but not
tD
limited to feeding and providing water, for an animal for seventy-two (72) hours or
longer.
M. Humanely Euthanize: means to 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) Utilize anesthesia produced by an agent which causes painless loss of
consciousness with death following such loss of consciousness.
N. Impound_: Shall mean to seize and hold in the custody of the local health authority
or other authority such as a veterinarian.
0. 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.
P. Law enforcement officer: Shall mean those authorized to enforce the provisions
of this ordinance, namely, the local health authority, the local health authority
representative, any animal control officer, or any peace officer.
Q. Livestock: Shall mean horses, mules, cows, hogs, goats and sheep of any and all
kinds and shall include both the male and female species of such animals.
R. Local health authority: The animal control officer is designated as the Iocal
health authority and has authority to appoint representatives to enforce the
provisions of this ordinance, 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. This
term includes animal control officers, law enforcement officers and enforcement
officers as defined herein, including their respective designees.
S. Observation Period: Shall mean the ten (10) days following a biting incident
during which an animal's health status must be monitored.
T. Owner: Shall mean 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 animal as a gift.
U. Person: Shall mean any individual, firm, association, partnership, or corporation
or any other legal entity.
V. Police Dog: Shall mean any dog used by a law enforcement agency or its officers
in the administration of official duties.
W. Pot-bellied 12ig: 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, has
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 Iicensed
breeder.
X. 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 inflicting, serious bodily harm to humans or other animals or
fowl.
Y. Proper Enclosure of a Dan erous Do : 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.
Z. Public Nuisance Animal: Shall mean any animal or animals that unreasonably
annoy(s) humans, endanger(s) the Iife or health of other animals or humans, or
substantially interfere(s) with the rights of citizens, other than their owners, to the
enjoyment of life or property. The term "public nuisance animal" shall mean and
include, but is not limited to, any animal that:
(1) is repeatedly found at large;
(2) damages the property of anyone other than its owner;
(3) chases vehicles;
(4) excessively makes disturbing noises, including, but not limited to,
----------- continued and repeated howling, barking, whining, or other utterances
causing unreasonable annoyance, disturbance or discomfort to neighbors
or others in close proximity to the premises where the animal is kept or
harbored;
(5) causes fouling of the air by odor and thereby creates unreasonable
annoyance or discomfort to neighbors or others in close proximity to the
premises where the animal is kept or harbored;
(6) causes unsanitary conditions in enclosures or surroundings where the
animal is kept or harbored; or
(7) attacks other domestic animals.
AA. Quarantine: Shall mean strict confinement under restraint by closed cage or
padlock or in any other manner approved in this chapter or state Iaw on the private
premises of the owner or at a facility approved by the State Board of Health or its
designee, or the city animal shelter
BB. Severe Injury: Shall mean any physical injury that results in broken bones,
multiple bites, or disfiguring lacerations requiring sutures or reconstructive
surgery.
CC. Stray Animal: Shall mean any animal for which there is no identifiable owner or
harborer.
DD. 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.
EE. 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
ZD
veterinarian licensed to practice in the State of Texas in an amount sufficient to
provide an immunity.
FF. Vaccinated and Current: Shall mean vaccinated and satisfying the following
criteria:
(1) The animal must have been at least three (3) months of age at the time of
vaccination;
(2) At least thirty (30) days have elapsed since the initial vaccination; and
(3) Not more than twelve (12) months have elapsed since the most recent
vaccination.
GG. Veterinarian: Shall mean a veterinarian licensed to practice veterinary medicine.
HH. 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 health authority or his representative has
reason to believe has a dangerous disposition likely to be harmful to humans or
other animals.
II. Wild animals: Shall include all species of animals that commonly exist in a
natural unconfined state and are usually not domesticated. 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 3.
ENFORCEMENT
A. Enforcement of this ordinance shall be the responsibility of the local health
authority.
B. The local health authority shall have the authority to issue citations for any
violation of this ordinance.
C. IF person cited is not present, the local health 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 health authority in
the performance of his duties.
E. The local health authority shall have the authority to humanely euthanize and/or
destroy any animal in accordance with the provisions of this ordinance.
F. The local health 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 ordinance.
SECTION 4.
ANIMAL 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 defined in Section 2(A)
of this ordinance.
B. Upon the complaint to a local health authority that a cat has caused a nuisance or
hazard to the health or welfare of human or animal population, a Iaw enforcement
---------- officer may determine such cat to be at large as defined in Section (A) of this
ordinance.
C. The local health authority is authorized to impound such animals at Iarge.
SECTION 5.
IMPOUNDING OF ANIMALS
A. The local health 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 2(D) of this ordinance.
B. Such impounded animal shall be held for a period of not more than three (3) days
or as defined by a written agreement between the Town and the animal shelter,
C. At the end of the such period, if the animal has not been claimed and the fees
associated with the impoundment have not been paid to the Town and/or the
animal shelter, the animal shall be delivered to the appropriate humane society as
determined by the animal shelter for adoption or disposal. The Owner of the
animal shall pay all costs associated with the adoption or disposal of the animal.
D. Prior to the delivery of an animal for whom the Owner has been identified to the
humane society, the animal control officer or other Iocal health authority shall
give notice to the Owner of an impounded animal by leaving written notice that
the animal will be delivered to the humane society on the door of the Owner's
residence followed by sending a certified letter. That the Owner does not receive
or does not claim the written notice or certified letter will not subject the Town to
any liability in association with delivery of the animal to the animal shelter and/or
euthanasia of the animal.
SECTION 6.
AUTHORITY TO IMPOUND, DESTROY, DILL, OR
MUZZLE CERTAIN ANIMALS
A. The local health 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. Any law enforcement officer shall have the authority to kill an animal which, in
the sole opinion of the police officer, 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 health 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 health authority, poses a threat to the safety or welfare of any person.
SECTION 7.
DANGEROUS DOGS
The provisions of Subchapter D, Chapter 822 of the Texas Health and Safety Code, as
amended, are adopted by and incorporated into this ordinance.
A. Declaration of Dangerous Doa.
(1) If the local health authority has cause to believe that a dog is a dangerous
dog as defined by this ordinance, he may find and declare such dog a
dangerous dog.
(2) Within three (3) days of declaring a dog dangerous, the local health
authority will notify the person owning the dog of its designation as a
dangerous dog and provide him a copy of this ordinance. The notification
to the Owner will be provided in person or through certified mail. The
Iocal health 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.
(3) The notice shall inform the Owner of the dog that he 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.
B. Requirements for Owner of Dangerous Dog.
If the Owner of a dog that has been determined dangerous by the Local Health
Authority elects not to appeal that decision pursuant to Section 7(C) of this
Ordinance, 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:
(1) register the dangerous dog with the Local Health Authority for the area in
which the dog is kept; and
(2) restrain the dangerous dog at all times on a leash in the immediate control
of a person or in a secure enclosure; and
(3) 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_
(4) 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 Ordinance under Section 2(H) of this Ordinance; 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.
C. A eal from Dangerous Dog Determination.
(1) Appeals from the local health 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.
(2) 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 health authority's determination.
SECTION 8.
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 health authority and approved by the Town Council. A
copy of the Schedule of Fees can be obtained from the local health authority or Town Secretary.
SECTION 9.
RELEASE OF UNVACCINATED ANIMALS
Before releasing to an Owner any animal that has not been vaccinated for rabies within
the last year, the Owner shall sign a promise in writing that the animal will be vaccinated for
rabies immediately upon release of the animal from impoundment. The animal control
department shall keep such written statement on file, and upon receiving proof of vaccination
within five (5) days from the date of release, shall refund the additional impoundment fee
collected for unvaccinated animals. 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 animal control within
five (5) days from the date of release. If, (i) an Owner promises in writing that an animal will be
vaccinated, (ii) the animal is thereafter impounded a subsequent time, and (iii) it is determined
that the animal was not vaccinated in accordance with the written promise, then any fees
associated with the impoundment shall be doubled.
SECTION 10.
ADOPTION
A. A person who desires to adopt an animal from the Town shall:
(1) Register and license the animal with the Town without charge;
(Z) Have the animal vaccinated for rabies within five (5) days after adoption;
and
(3) Have the animal spayed or neutered within fourteen (14) days after
adoption, provided the animal is of proper age for such procedure;
provided however, that if the animal is not of proper age for the procedure,
then the animal must be vaccinated 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 (Z) and (3) of this
subsection. The animal control department shall beep 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 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 within fourteen (14) days from the
date of adoption or the date when the animal reaches the 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. 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 animal control officer shall make the final determination as to whether an
animal is healthy enough for adoption. Provided, however, that such a decision by
the animal control officer shall not constitute a warranty, either express or
implied, of the health or age of the animal.
SECTION 11.
WILD ANIMALS
A. It shall be unlawful to keep or harbor any wild 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 health authority may establish conditions under which it would be
permissible to keep or harbor wild animals in the Town on a temporary basis.
SECTION 12.
CONFINEMENT REQUIRED OF ANIMAL
ALLEGEDLY INVOLVED IN ATTACK
When an animal has bitten, scratched, or otherwise attacked a person or animal, anyone
having knowledge of such incident shall immediately notify the animal control officer. Such
animal shall then be confined in a veterinary hospital or approved animal shelter designated by
the local health 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 health authority, other Town personnel or a licensed
veterinarian. If after the ten (10) day period, the Owner fails to pick up the animal, the animal
control officer .may follow the procedure for adoption or disposal of an impounded animal_
SECTION 13.
VICIOUS ANINIALS
A vicious animal, as defined in Section 2(HH) of this Ordinance, shall not be allowed in
the Town limits. Any vicious animal found in the Town shall be removed immediately by order
of the local health authority. If the Owner of the vicious animal fails to remove such animal, the
local health authority may have such animal impounded and/or destroyed.
SECTION 14.
VACCINATION
It shall be the duty of the Owner or keeper of each dog and cat owned, kept possessed,
harbored or allowed upon the premises of any such person and under such person's control in the
Town to have such dog or cat vaccinated (as defined herein) against rabies by a legally licensed
veterinarian at least once each year. The most recent tag for the animal must be worn by the
animal at all times. Such vaccination must be with a protective inoculation with andrabic
vaccine recognized and approved by the U.S. Department of Agriculture given in an amount
sufficient to provide an immunity. It shall be unlawful for an Owner or keeper of a dog or cat to
fail to have all such animal vaccinated for rabies.
SECTION 15.
LICENSES AND TAGS
A. Licensed Required. 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 an annual license for
such animal from the animal control department. At the time of application for
such license, the Owner shall present the certificate of vaccination for the said
animal and pay a Iicensing 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. A person commits an offense if
he possess within the Town an animal which has not been licensed according to
Section 15(A), above. The Owner of an animal shall, upon request, show to the
Iaw enforcement officer enforcing this ordinance the receipt for the animal's
Town registration. The failure ar 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 15(A), above.
C. Issuance of Tags. 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 or Destroyed Tags. 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 license
fee and upon the payment of a replacement fee the amount of which is to be
designated on the Schedule of Fees. The new Iicense tag shall be valid only for
the period of time that remains on the original license receipt.
E. Failure to Obtain Licensing 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.
F. Defenses. It is a defense to prosecution that:
(1) the animal was younger than three months of age; or
(2) the Owner of the animal has resided in the Town less than 30 days.
G. Transferability of Registration or Licensing. Town registration or licensing of an
animal is not transferable to another animal.
SECTION 16.
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 (l) 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 ordinance,
including the prohibitions against animals at Iarge.
(3) It shall be unlawful for any person to keep, harbor, or raise a pot-bellied
pig which has not received annual vaccination for erysipelas, parvo virus,
and leptospirosis (the first of which such vaccinations shall be obtained
before the animal reaches the age of four (4) months).
(4) 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.
(5) 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 animal control
officer a registration application to keep such an animal and such
application has been approved. The .information required in the
application shall be detezmined 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 ordinance.
(4) It shall be unlawful for any person to keep, harbor, or raise any ferret
which is not registered and Iicensed with the animal control department.
The licensing fee for ferrets is set out in the Schedule of Fees.
SECTION 17.
DEFECATION OF ANIMALS ON PUBLIC AND PRIVATE PROPERTY
A. It shall be unlawful and an offense for any person to fail to promptly remove and
dispose of, in a sanitary manner, feces left by a dog, cat, or other animal being
owned, handled, or controlled by that person:
(1) Upon a public area including but not limited to: walks, parks, recreation
areas, sidewalk, parkways, public streets, alleys, school grounds, any
common areas of an apartment house, or any common arca of an office
building; or
(2) Upon private property other than the premises of the Owner, handler or
controller of such animal.
SECTION 18.
SANITARY CONDITIONS
All persons keeping animals within the Town shall keep the premises upon which such
animal is kept clean and free from noxious and unpleasant odors and shall use some standard
spray at reasonable intervals so as to keep such premises free from flies, mosquitoes, fleas and
other insects.
SECTION 19.
ANIMAL NOISE
A. No person shall knowingly keep or harbor any animal that causes loud and
unusual or frequent barking, howling, or other noise that disturbs the peace and
quiet of any person of ordinary sensibilities.
B. It shall serve as prima facie evidence of a violation of Section 19(A) if an Owner
allows an unprovoked animal to cause noise described in Section 19(A) in excess
of fifteen (15) minutes.
SECTION 20.
EXCEPTIONS
A. The provisions of Section d of this ordinance (relating to animals at large) shall
not apply to cats or to dogs under the age of three (3) months.
B. With the exception of sanitation requirements, noise prohibition and prohibition
on keeping vicious animals, the provisions of this ordinance 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 21.
DANGEROUS WILD ANIMALS PROHIBITED;
EXCEPTING COMMERCIAL ESTABLISHMENTS
It shall be unlawful to keep, own, harbor, have custody or control of a dangerous wild
............. animal within the corporate limits of the Town of Trophy Club, Texas, except at commercial
establishments dealing in the sale or handling of such animals, having proper zoning for such
commercial enterprises, having proper facilities for the care and restraint of such animals, and
meeting the requirements of this Ordinance.
SECTION 22.
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 health 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 Ordinance is not transferrable and is
valid for one 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 $50 for each
animal registered and may not exceed $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 Ordinance.
SECTION 23.
CERTIFICATE OF REGISTRATION APPLICATION FOR
DANGEROUS WILD ANINIALS
A. An applicant for an original or renewal certificate of registration for a dangerous
wild animal shall file an application with the local health authority on a form
provided by the local health 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 ordinance 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 Ordinance; and
(3) a color photograph of each animal being registered taken not earlier than
the 301h 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 Iicense 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
Iicense.
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 30"' 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 Ordinance.
SECTION 24.
DENIAL OR REVOCATION OFCERTIFICATE 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 Ordinance does not meet the requirements specified herein,
or after inspection that an applicant has not complied with this Ordinance 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 health authority finds, after inspection, that a registered Owner
provided false information in or in connection with the application or ha.s ritil
complied with this chapter, the local health 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 15`x' 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
Section. (B) of this Section stays the denial or revocation until the court rules on
the appeal.
SECTION 25.
DISPLAY OF CERTIFICATE OF REGISTRATION
A. A holder of a certificate of registration shall prominently display the certificate at
the premises where each animal that is the subject of the certificate of registration
is kept.
B. Not later than the 10`E' day after the date a person receives a certificate of
registration, the person shall file a clear and legible copy of the certificate of
registration with the Texas Department of Health.
SECTION 26.
EFFECTIVE DATE FOR CERTIFICATE OF REGISTRATION
FOR A DANGEROUS WILD ANIMAL
A person is not required to obtain a certificate of registration for a dangerous wild animal
under this chapter before June 1, 2002.
SECTION 27.
LIABILITY INSURANCE FOR DANGEROUS WILD ANIMALS
An Owner of a dangerous wild animal shall maintain liability insurance coverage in an
............amount of not less than $ 100,000 for each occurrence for liability for damages for destruction of
or damage to property and death or bodily injury to a person caused by the dangerous wild
animal.
SECTION 28.
INSPECTION RELATED TO DANGEROUS WILD ANIMALS
An Owner of a dangerous wild animal, at all reasonable times, shall allow the local health
authority or a licensed veterinarian designated by the local health 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 29.
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 health authority in writing of the exact
location to which the animal will be relocated and provides the local health
authority, with respect to the new location, the information required by Section 23
of this Ordinance.
B. Within ten (10) days after the death, sale, or other disposition of the animal, the
Owner of the animal shall notify the local health authority in writing of the death,
sale, or other disposition.
SECTION 30.
ATTACK BY ANl DANGEROU WI D ANIMAL; ESCAPE OF DANGEROUS
WILD R DANGEROUS WILD ANIMAL
A. An Owner of a dangerous wild animal shall notify the IocaI health authority of any
attack of a human by the animal within 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 health authority is not liable to an Owner of a dangerous wild animal for
damages arisin11
g 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 31.
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 fizat act reialing Vo:
(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 health 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 carrier or intermediate handier 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 CIass "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 32.
TRANSFER OF OWNERSHIP OF A DANGEROUS WILD ANIMAL
A person commits an offense if the person knowingly sells or otherwise transfers
ownership of a dangerous wild animal to a person who does not have a certificate of registration
for that animal as required by this subchapter.
SECTION 33
OFFENSE AND PENALTY FOR DANGEROUS WILD ANIMALS
A. A person commits an offense if the person violates Section 23(A), Section 25, or
Sections 30(A) or 30(B) of this Ordinance. Each animal with respect to which
there is a violation and each day that a violation occurs or continues is a separate
offense.
B. A person commits an offense if the person knowingly sells or otherwise transfers
ownership of a dangerous wild animal to a person who does not have a Certificate
of Registration for that animal as required by this Ordinance.
SECTION 34.
CIVIL PENALTY AND COSTS SPECIFIC
TO DANGEROUS WILD ANIMALS
A. A person who violates Section 23(A) is liable for et civiI penalty of not less than
$200 and not more than $2,000 for each animal with respect to which there is a
violation and for each day the violation continues.
B. The Town may sue to collect a civil penalty and retain the civil penalty collected.
C. The Town may also recover the reasonable costs of investigation, reasonable
attorney's fees, and reasonable expert witness fees incurred by the Town in the
civil action. Costs or fees recovered under this subsection shall be credited to the
operating account from which payment for the Town's expenditures was made.
SECTION 35.
APPLICABILITY
The provisions of this Ordinance relating to dangerous wild animals do not apply to:
A. a county, municipality, or agency of the state or an agency of the United States or
an agent or official of a county, municipality, or agency acting in an official
capacity;
B. a research facility, as that term is defined by Section 2 (e), Animal Welfare Act (7
U.S.C. Section 2132), and its subsequent amendments, that is licensed by the
Secretary of Agriculture of the United States under that Act;
C. an organization that is an accredited member of the American Zoo and Aquarium
Association;
D. an injured, infirm, orphaned, or abandoned dangerous wild animal while being
transported for care or treatment;
E. an injured, infirm, orphaned, or abandoned dangerous wild animal while being
rehabilitated, treated, or cared for by a licensed veterinarian, an incorporated
humane society or animal shelter, or a person who holds a rehabilitation permit
issued under Sub -chapter C, Chapter 43, Parks and Wildlife Code;
F. a dangerous wild animal owned by and in the custody and control of a transient
circus company that is not based in the state of Texas if:
(1) the animal is used as an integral part of the circus performances; and
(2) the animal is kept within the state of Texas only during the time the circus
is performing in Texas or for a period not to exceed 30 days while the
circus is performing outside the United States;
G. a dangerous wild animal while in the temporary custody or control of a television
or motion picture production company during the filming of a television or motion
picture production;
H. a dangerous wild animal awned by and in the possession, custody, or control of a
college or university solely as a mascot for the college or university;
1. a dangerous wild animal while being transported in interstate commerce through
the state in compliance with the Animal Welfare Act (7 U.S.C. Section 2131 et
seq.) and its subsequent amendments and the regulations adopted under that Act;
J. a non -human primate owned by and in the control and custody of a person whose
only business is supplying non -human primates directly and exchEsively to
biomedical research facilities and who holds a Class "A" or Class "B" dealer'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; and
K. a dangerous wild animal that is:
(1) owned by or in the possession, control, or custody of a person who is a
participant in the species survival plan of the American Zoo and Aquarium
Association for that species; and
(2) an integral part of that species survival plan.
SECTION 36.
PENALTY CLAUSE
A. That except as specifically provided otherwise, any person violating any of the
provisions 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.
B. That if the governing body of the Town of Trophy Club determines that a
violation of this Ordinance creates a threat to the public safety, the Town may
bring suit in the district court of the county in which the person who committed
the. offense resides or has ars office to enjoin the person. firm, parL jershlp,,
corporation, or association from engaging in the prohibited activity. The Town of
Trophy Club is not required to give bond as a condition to the issuance of
injunctive relief.
SECTION 37.
CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any
of the provisions of such Ordinances except for those instances where there are direct conflicts
with the provisions of this Ordinance; provided however, that Ordinance No. 1999-32 is hereby
repealed. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that
are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent
with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has
been initiated or has arisen under or pursuant to Ordinance No. 1999-32 on the date of adoption
of this Ordinance shall continue to be governed by the provisions of such Ordinance and for that
purpose the Ordinance shall remain in full force and effect.
SECTION 38.
SAVINGS
That all rights and remedies of the Town of Trophy Club are expressly saved as to any
and all violations of the provisions of any Ordinances affecting animal control regulations, the
owning, keeping, harboring, having custody or control of a dangerous will animal or a non -
domesticated wild animal and which have accrued at the time of the effective date of this
Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal,
whether pending in court or not, under such Ordinances, same shall not be affected by this
Ordinance but may be prosecuted until final disposition by the courts.
SECTION 39.
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 this
Ordinance, and the Town Council hereby declares it would have passed such remaining portions
of this Ordinance despite such invalidity, which remaining portions shall remain in full force and
effect.
SECTION 40.
PUBLICATION
The Town Secretary of the Town of Trophy CIub is hereby directed to publish, the
Caption. Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas
Local Government Code.
SECTION 41.
ENGROSSIVIENT 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, Penalty and Effective Date in the minutes of the
Town Council and by filing this Ordinance in the ordinance records of the Town.
SECTION 42.
EFFECTIVE DATE
That this Ordinance shall be in full force and effect from and after its date of passage, in
accordance with Iaw, and it is so ordained.
PASSED AND APPROVED by the Town Co`uncii oy the Town_of Trophy Club, Texas
this 6th day of May, 2002,
ATTEST:
Town Secretary
Town of Trophy Club, Texas
EFFECTIVE DATE: May 15, 2002
APPROVED AS TO FORM:
Town Attorney
Town of Trophy Club, Texas
own of Trophy
Texas