ORD 1999-32TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 1999-32
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, REPEALING ORDINANCE NO 98-18
(RELATING TO THE CONTROL OF ANIMALS) IN THE ENTIRETY
AND REPLACING SAME AS SET FORTH HEREINBELOW;
PROVIDING FOR DEFINITIONS; PROVIDING FOR ENFORCEMENT;
PROVIDING FOR ANIMAL AT LARGE; PROVIDING FOR
IMPOUNDING OF ANIMALS; PROVIDING FOR AUTHORITY TO
IMPOUND, DESTROY, KILL, OR MUZZLE CERTAIN ANIMALS;
PROVIDING FOR DANGEROUS DOGS; PROVIDING FOR FEES;
PROVIDING FOR RELEASE OF UNVACCINATED ANIMALS;
PROVIDING FOR ADOPTION; PROVIDING FOR CONFINEMENT OF
ANIMAL WHICH. HAS ATTACKED; PROVIDING FOR WILD
ANIMALS; PROVIDING FOR VICIOUS ANIMALS; PROVIDING FOR
VACCINATION; PROVIDING FOR LICENSES AND TAGS; PROVIDING
FOR SPECIAL REQUIREMENTS FOR KEEPING MINIATURE PIGS
AND FERRETS; PROVIDING FOR DEFECATION OF ANIMALS ON
PUBLIC AND PRIVATE PROPERTY; PROVIDING FOR SANITARY
CONDITIONS; PROVIDING FOR ANIMAL NOISE; PROVIDING FOR
EXCEPTIONS; PROVIDING A SAVINGS AND REPEALER CLAUSE;
PROVIDING A SEVERABILTY CLAUSE; PROVIDING A PENALTY
CLAUSE; PROVIDING A PUBLICATION CLAUSE; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas (the "Town")
repeals Ordinance No. 98-18 relating to animal control and replaces it with the adoption
of this ordinance; 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.
DEFINITIONS
A. Abandon: Shall meati to leave unattended for more than seventy-two (72)
hours.
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B. Animal: Shall mean any living creature, including but not limited to: dogs,
cats, cows, horses, birds, fish, mammals, reptiles, insects, fowls, and livestock,
but specifically excluding luiman beings.
C. Animal control officer: Shall mean any individual employed, contracted
with, or appointed by the aminal control authority for the purpose of aiding in
the enforcement of this act or any other law or ordinance 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.
D. Animal shelter: Shall mean a facility operated by the Town or with which tale
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 said
premises by a leash of sufficient strength to prevent the animal from escaping
from the said premises, and so arranged that the animal will remain upon said
premises when the leash is stretched to Rill 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.
F. Bite: 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 Doi: 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;
(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
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(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 dutifiilly investigated by
the appropriate authority.
I. Dog: Shall mean all domesticated members of the canis familaris, male and
female, alive or dead.
J. 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.
K. Humanelv Destrov: 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.
L. Impound: Shall mean to seize and hold in the custody of the division of
animal control and other authority such as a veterinarian.
M. Invisible fence: Shall mean any fence which cannot be seen with the Mullan
eye but that is designed to keep an animal enclosed in a space by means of
laser technology or sound tecluiology. Such invisible fence must not be
capable of causing pain or discomfort to any human being that crosses its path.
N. Law enforcement officer: Shall mean those authorized to enforce the
provisions of this ordinance, naively, the local health authority, the local
health authority representative, any animal control officer, or any peace
officer.
O. 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.
P. Local health authority: The animal control officer is designated as the local
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.
Q. Observation Period: Shall mean the ten (10) days following a biting incident
during which an animal's health status must be monitored.
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R. 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.
S. Person: Shall mean any individual, firm, association, partnership, or
corporation.
T. Police Dog: Shall mean any dog used by the police department or its officers
in the administration of official duties.
U. Pot-bellied pig: The tern "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. No swine shall be considered a
pot-bellied pig if its weight exceeds sixty (60) pounds, or unless registered
with a licensed breeder.
V. Prima facie proof: Shall mean such as will prevail uuntil contradicted and
overcome by other evidence.
W. 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.
X. Proper Enclosure of a Dangerous 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 (younger than nine years of age) 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, Linder, or
through the structure and shall also provide protection fi-onn the elements.
Y. Public Nuisance Animal: Shall mean any animal or animals that
unreasonably amroy(s) humans, endangers) the life 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 tern "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) molests or intimidates pedestrians or passersby;
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(4) chases vehicles;
(5) 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;
(6) 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;
(7) causes Unsanitary conditions In enclosures or surroundings where the
animal is kept or harbored; or
(S) attacks other domestic animals.
Z. Quarantine: Shall mean strict confinement under restraint by closed cage or
padlock or in any other manner approved in this chapter 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.
AA. Representative of local health authority: Shall mean and include any peace
officer or animal control officer of the Town.
BB. Severe Ini ury: Shall mean any physical injury that results in broken bones,
multiple bites, or disfiguring lacerations requiring sutures or reconstructive
surgery.
CC. Strav Animal: Shall mean. any animal for wlrich there is no identifiable
owner or harborer.
DD. Trial de novo: Shall mean trial or retrial had in which the whole case is
retried as if no trial whatever had been had in the first instance.
EE. Unprovoked: Shall mean an action by an animal that is not in response to
being tormented, abused, or assaulted by any person; in response to pain or
injury; or in protection for itself or its food, kennel, irmnediate territory, or
musing offspring.
FF. 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 an immunity.
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GG. Vaccinated and Current: Shall mean vaccinated and satisfying the
following criteria:
(a) The animal must have been at least three (3) months of age at the
time of vaccination;
(b) At least thirty (30) days have elapsed since the initial vaccination;
and
(c) Not more than twelve (12) months have elapsed since the most
recent vaccination.
HH. Veterinarian: Shall mean a veterinarian licensed to practice veterinary
medicine.
11. 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.
JJ. Wild animals: Shall include ail 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 tern shall include but is not
limited to: skunks, foxes, lions, tigers, panthers, bears, wolves, alligators,
crocodiles, apes, monkeys, elephants, rhinoceroses, and all forns of poisonous
or constricting reptiles, and other like animals.
SECTION 2.
ENFORCEMENT
A. Enforcement of this ordinance shall be the responsibility of the law enforcement
officers, naively: the local health authority, local health authority representative,
any animal control officer, or any peace officer.
B. The law enforcement officer shall have the authority to issue citations for any
violation of this ordinance.
C. If person cited is not present, the law enforcement officer 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 law enforcement officer in
the performance of his duties.
E. The law enforcement officer shall have the authority to humnanely euthanize
and/or destroy any animal in accordance with the provisions of this ordinance.
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F. The animal control officer shall have the authority to use a tranquilizer gun in the
lawful discharge of his duties.
G. Police dogs are exempt from the provisions of this ordinance.
SECTION 3.
ANIMAL AT LARGE
A. It shall be unlawful for any owner to allow a dog or any other animal possessed,
kept or harbored by hien, to be at large, as defined in Section 1(E) of this
ordinance.
B. Any law enforcement officer is authorized to impound such animals at large.
SECTION 4.
IMPOUNDING OF ANIMALS
A. The law enforcement officer shall tale 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(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 said 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 to the humane society, the animal control officer
shall give notice to the owner of an impounded animal by leaving written notice
that the animal will be delivered to the hiunane 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 aniinal.
SECTION 5.
AUTHORITY TO IMPOUND, DESTROY, HILL, OR MUZZLE CERTAIN
ANIMALS
A. Any law enforcement officer shall have the authority to impound an animal which
is diseased and could endanger the health and welfare of another animal or person.
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B. Any police 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. Any law enforcement officer 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 law enforcement officer, poses a threat to the safety or welfare of
any person.
SECTION b.
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 Dom
(1) If the animal control officer 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 animal
control officer 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 animal control officer 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 infoml 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 Doi.
Not later than the 30th day after a person leans that the person is the
owner of a dangerous dog, the person shall:
(1} registcr the dangerous dog with the animal control officer for the
area in which the dog is kept;
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(2) restrain the dangerous dog at all times on a leash in the iimnediate
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 Sec.l(H), or
(b) the owner is informed by the animal control officer that the
dog is a dangerous dog.
C. Appeal from Dangerous Dog Determination.
(1} Appeals from the animal control officer's determination that a dog
is dangerous will be Beard by the Municipal Court. Upon notice of
appeal as prescribed in this section, the Municipal Court will hear
the case in a trial de nova at the next trial setting after the request
for appeal.
(2) The appeal is a civil proceeding for the purpose of affinning 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
animal control officer's determination.
SECTION 7.
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 animal control department and approved by the
Town Council. A copy of the Schedule of Fees can be obtained from the animal control
department.
SECTION 8.
RELEASE OF UNVACCINATED ANIMALS
Before releasing any animal that has not been vaccinated for rabies within the last
year to the owner, 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
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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
impo-mdment shall be doubled.
SECTION 9.
ADOPTION
A. A person who desires to adopt an animal frons the Town shall:
(1) Register and license the animal with the Town without charge;
(2) 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;
or when the animal reaches 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 said
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 as set forth in
Section 7. For any subsequent impoundment of such animal that
remains -unvaccinated and/or unspayedhnuieutered at the time of
impoundment, an additional impoundment fee as set forth in
Section 7 shall be assessed.
B. The animal control officer shall mance the final determination as to whether
an animal is healthy enough for adoption. Provided, however, that such a
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decision by the animal control officer shall not constitute a warranty, either
express or implied, of the health or age of the animal.
SECTION 10.
CONFINEMENT RE U1RED OF ANIMAL WHICH HAS ATTACKED
When a vaccinated animal has bitten, scratched, or otherwise attacked a person or
animal, anyone having Icnowledge of such incident shall immediately notify the animal
control officer. Such anmal shall then be confined in a veterinary hospital or approved
animal shelter designated by the animal control officer for a period of ten (10) days at the
expense of the owner of the animal. Such animal shall, during such period of
confinement, be subject to inspection by the 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 11.
WILD ANIMALS
A. It shall be unlawfiil 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 animal control department may establish conditions under which it
would be pennissible to keep or harbor wild animals in the Town on a
temporary basis.
SECTION 12.
VICIOUS ANIMALS
A vicious animal shall not be allowed in the Town limits. Any vicious animal
found in the Town shall be removed immediately by order of the animal control officer.
If the owner of the vicious aminal fails to remove such aminal, the animal control officer
may have such animal impounded and/or destroyed.
SECTION 13.
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 against rabies by a
legally licensed veterinarian at least once each year. The most recent tag for the animal
must be woni by the animal at all times. Vaccination is defined as a protective
inoculation with antirabic vaccine recognized and approved by the U.S. Department of
Agriculture given in an amount sufficient to provide an inu iunity.
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SECTION 14.
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 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. A person conmlits an
offense if lie possess within the Town an animal which has not been
licensed according to Section 14(A), above. The owner of an animal shall,
upon request, show to the law enforcement officer enforcing this ordinance
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 14(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. hi 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
license 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 con -units 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; 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.
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SECTION 15.
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 tunes 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 large.
(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 vines, 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 unlawfiil 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 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.
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(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 unlawfiil 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 16
DEFECATION OF ANIMALS ON PUBLIC AND PRIVATE PROPERTY
It shall be Lmlawfiul 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:
A. Upon a public area including but not limited to: walks, parks,
recreation areas, sidewalks, parkways, public streets, alleys, school
grounds, any common areas of an apartment house, or any common
area of an office building;
B. Or upon private property other than the premises of the owner,
handler or controller of such animal.
SECTION 17.
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 18.
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 18(A) if an
owner allows an unprovoked animal to cause noise described in Section
18(A) in excess of fifteen (15) minutes.
SECTION 19.
EXCEPTIONS
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A. The provisions of Section 3 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 20.
SAVINGS; REPEALER
That this ordinance shall be cumulative of all other ordinances of the Town
affecting animal control and health and sanitation and shall not repeal any of the
provisions of said ordinances except in those instances where provisions of those
ordinances are in direct conflict with the provisions of this ordinance; provided, however,
that Ordinance No. 98-18 relating to animal control is hereby repealed in its entirety, but
provided that any complaint, action, cause of action or claim which prior to the effective
date of this ordinance has been initialed or has arisen under or pursuant to Ordinance
No. 98-18 shall continue to be governed by the provisions of that ordinance and for that
purpose Ordinance No. 98-18 shall be deemed to remain and shall continue in frill force
and effect.
SECTION 21.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
ordinance, or application thereof to any person or circumstances, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validly 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 22.
PENALTY
That 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 (52,000.00), and a separate offense shall be deemed committed upon each day
during or on. which a violation occurs or continues.
SECTION 23.
PUBLICATION
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The Town Secretary of the Town of Trophy Club, Texas is hereby directed to
publish in one issue of the official newspaper of the Town, the caption, penalty clause,
and effective date of this ordinance as required by Section 52.011 of the Texas Local
Goverin lent Code.
SECTION 24.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club, Texas is hereby directed to
engross and enroll this Ordinance by copying the exact caption andthe effective date
clause in the minutes of the Town Council of the Town of Trophy Club, and by fling this
Ordinance in the Ordinance Records of the Town.
EFFECTIVE DATE
That this ordinance shall take effect from and after its date of passage and
publication as provided by law.
AND IT IS SO ORDAINED
PASSED AND APPROVED on the 21st day of December, 1999.
1
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Town Sccreta&
T own of Trophy Club, Texas
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OVED AS TO FORM:
Town Attorney
Town of Trophy Club, Texas
Mayor, Town of Trophy Club, Texas
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