ORD 1998-18TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 9 e _ i s
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, REPEALING ORDINANCE NO. 93-07
(RELATING TO THE CONTROL OF ANDVIALS) IN ITS ENTIRETY AND
REPLACING SAME AS SET FORTH HEREINBELOW; PROVIDING FOR
A FINE OF A SUM NOT TO EXCEED TWO HUNDRED DOLLARS
($200.00); PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas (the "Town") repeals
Ordinance No. 93-07 relating to animal control and replaces it with the adoption of this new
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 TOWN OF
TROPHY CLUB, TEXAS:
Section 1. Definitions. In this Chapter:
A. 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 human beings.
B. Animal control officer: Shall mean a person designated by the Chief of
Police to represent and act for the Town in the impounding of animals,
controlling of animals at large and as otherwise required in this ordinance.
C. 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.
D. At large: Shall mean when an animal is not confined to the premises of
its owner by a fence of sufficient strength and/or height to prevent the
animal from escaping therefrom, inside the house or other enclosure, or
secured on 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 Ieash 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"
DDC #: 59070STagc [
fence will suffice as sufficient restraint so long as the animal is not found
outside of the premises of the owner and the invisible fence is registered
with the animal control department.
E. Bite: Shall mean any abrasion, scratch, puncture, tear or piercing of skin
caused by an animal.
F. Cat: Shall mean all domestic species or varieties of felis cats, male or
female, alive or dead.
G. Dangerous Dog: Shall mean a dog that:
(1) makes an unprovoked attack on a person or other animal that
causes bodily injury and occurs in a place other than an enclosure
in which the dog was being kept and that was reasonably certain
to prevent the dog from leaving the enclosure on its own; or
(2) commits unprovoked acts in a place other than an enclosure in
which the Clog was being kept and that was reasonably certain to
prevent the dog from leaving the enclosure on its own and those
acts cause a person to reasonably believe that the dog will attack
and cause bodily injury to that person or other animal.
H. Dog: Shall mean all domesticated members of the canis familaris, male or
female, alive or dead.
I. 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.
7. Humanely euthanized: Shall mean 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) utilizes anesthesia produced by an agent which causes painless loss
of consciousness, and death following such loss of consciousness.
K. 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.
L. 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.
DDC Yr: 590708%Page 2
M. 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.
N. 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.
O. 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.
P. Person: Shall mean any individual, firm, association, partnership, or
corporation.
Q. Police dog: Shall mean any dog used by the police department or its
officers in the administration of official duties.
R. 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, 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.
S. Prima facie proof: Shall mean such as will prevail until contradicted and
overcome by other evidence.
T. Representative of local health authority: Shall mean and include any peace
officer or animal control officer of the Town.
U. Stray animal: Shall mean any animal for which there is no identifiable
owner or harborer.
V_ Trial de novo: Shall mean a new trial or retrial had in which the whole
case is retried as if no trial whatever had been had in the first instance.
W. 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 of itself or its food, kennel, immediate
territory, or nursing offspring.
X. Vaccination: Shall mean an injection with a United States Department of
Agriculture approved rabies vaccine.
DOC #: 5%7MPagc 3
Y. Veterinarian: Shall mean a veterinarian licensed to practice veterinary
medicine.
Z. 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.
AA. Wild animals: Shall include all species of animals which 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 not be limited to: skunks, foxes, lions, tigers, panthers, bears,
wolves, alligators, crocodiles, apes, monkeys, elephants, rhinoceroses,
and all forms of poisonous or constricting reptiles, and other like animals.
Section ?. Enforcement.
A. Enforcement of this ordinance shall be the responsibility of the law
enforcement officers, namely: the local health authority, local health
authority representative, any animal control officer, or any police officer.
B. The law enforcement officer shall have the authority to issue citations for
any violation of this ordinance.
C. If the 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 humanely
euthanize and/or destroy any animal in accordance with the provisions of
this ordinance.
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 exempted 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 him, other than a cat, to be at large, as
defined in Sec. I(D) of this ordinance.
B. Upon the complaint to a law enforcement officer that a cat has caused a
nuisance or hazard to the health or welfare of human or animal
DOC #: 59070SNFage 4
population, a law enforcement officer may determine such cat to be at
large as defined in Sec. 1(D) of this ordinance.
C. Any law enforcement officer is authorized to impound such animals at
large.
Section 4. Impounding of Animals.
A. The law enforcement officer 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 Sec. 1(C) 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 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 5. Authority to Impound. Destroy, Kill, or MuzzIe.Certain Animals.
A. Any law enforcement officer shall have the authority to impound an
animal which is diseased and endangers the health and welfare of another
animal or person.
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.
DOC #: 5907081Page 5
Section 5. 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 Dog.
(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 his
designation of 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 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 fording and designation.
B. Requirements for Owner of Dangerous Do .
(1) Not later than the 30th day after a person learns that the person is
the owner of a dangerous dog, the person shall:
(a) register the dangerous dog with the animal control officer
for the area in which the dog is kept;
(b) restrain the dangerous dog at all times on a leash in the
immediate control of a person or in a secure enclosure; and
(c) 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.
(d) For purposes of this section, a person learns that the person
is the owner of a dangerous dog when:
{i) the owner knows of an attack described in the
definitions section of this ordinance under
Sec.1(G)(1), or
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(ii) the owner is informed by the animal control officer
that the dog is a dangerous dog.
C. Agpeal from Dangerous Dog Determination.
(1) Appeals from the animal control officer'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 in a trial de novo at the next trial court 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
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 S. 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 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 double.
Section 9. 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;
(2) Have the animal vaccinated for rabies within five (5) days after
adoption; and
DOC k: 5907Wpage 1
(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 B and C of
this section. The animal control department shall keep the 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 the 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
unspayed/unneutered at the time of impoundment, an additional
impoundment fee as set forth in Section 7 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 10. Confinement Required of Animal which has Attacked.
When an animal has bitten, scratched, or otherwise attacked a person or other 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 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 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 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 animal control department may establish conditions under which it
would be permissible to keep or harbor wild animals in the Town on a
temporary basis.
DOC k: 5907081Aage 8
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 animal fails to remove such animal, 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 vaccination tag for the animal
must be worn 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 immunity.
Section 14. Licenses and Tags.
A. License 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 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 possesses 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
requirements 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. 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 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.
DOC #: 5907081Pagc 9
E. Failure to _Obtain Licensing Taff. 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; 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 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 at 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 large.
(3) It shall be unlawful for any person to keep, harbor, or raise a pot
bellied pig which has not received annual vaccinations 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 determined by the animal
control department. The application shall be accompanied by the
necessary veterinary documents and a licensing fee as required on
Schedule of Fees for pot bellied pig.
Doc #: 5407o8%Page 10
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 the keeping of ferrets shall be made to prevent the
animal from escaping and being large 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 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 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:
A. upon public areas 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 any 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. 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.
Section 19. Exceptions.
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
DOC #: 5907MPagc 11
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 strap, 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. 93--07 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 initiated or has arisen under or pursuant to Ordinance No. 93-07 shall
continue to be governed by the provisions of that ordinance and for that purpose No. 93-07 shall
be deemed to remain and shall continue in full 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 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 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
Hundred Dollars ($200.00), and a separate offense shall be deemed committed upon each day
during or on which a violation occurs or continues.
Section 23. Effective Date. That this ordinance shall take effect from and after
its date of passage and publication as provided by law.
PASSED AND APPROVED on the 7th day of Jul
ATTEST:
- 7, — d
Town Secretary
Town of Trophy Club, Texas
[SEAL]
DOC #: 5407081Page 12
r, Town of Trdphy Club, Texas
APPROVED AS TO FORM:
To n Attorney
Town of Trophy Club, Texas