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ORD 1993-07ORDINANCE 93-07 Wd ORDINANCE 98-18 July 7, 1998 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 93-07 AN ORDINANCE RELATING TO THE CONTROL OF ANIMALS; DECLARING IT UNLAWFUL TO PERMIT ANIMALS TO RUN AT LARGE; AUTHORIZING THE IMPOUNDMENT OF DOGS AND CATS FOUND AT LARGE; PROVIDING FOR THE KILLING, IMPOUNDING AND DESTRUCTION OF DANGEROUS ANIMALS; PROVIDING FOR THE PAYMENT OF IMPOUNDMENT FEES; PROVIDING REGULATIONS RELATING TO ADOPTION; PROVIDING REGULATIONS RELATING TO AN ANIMAL THAT HAS BITTEN A PERSON; DECLARING IT UNLAWFUL TO KEEP OR HARBOR WILD ANIMALS; PROVIDING FOR THE VACCINATION OF ALL DOGS AND CATS; REQUIRING THE OWNER OF EACH DOG OR CAT TO ANNUALLY REGISTER THE ANIMAL WITH THE TOWN; PROVIDING FOR THE KEEPING OF POT BELLIED PIGS AND FERRETS; PROVIDING FOR SANITARY CONDITIONS; DECLARING IT UNLAWFUL TO KEEP AN ANIMAL WHICH MAKES LOUD NOISES; DECLARING IT UNLAWFUL TO KEEP A VICIOUS ANIMAL; PROVIDING A SAVINGS CLAUSE; REPEALING ORDINANCE NO. 92-07 RELATING TO ANIMAL CONTROL; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF NOT LESS THAN ONE DOLLAR ($1.00) NOR MORE THAN FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas (the "Town") has heretofore adopted Ordinance No. 92-07 relating to animal control, and it is the intent of the Council, by the repeal of Ordinance No. 92-07 and the adoption of this Ordinance, to reenact the provisions of the said Ordinance with amendments thereto; and WHEREAS, the Town has the authority and the power to adopt regulations relating to the control of the public health of its citizens, and 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 herein made 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. For purposes of this Ordinance, the words and phrases listed below shall mean as follows: A. "Cat" means an animal of the feline species, both male and female. B. "Dog" means an animal of the canine species, both male and female. C. "Owner" means any person owning, keeping, harboring or having control or custody of an animal. -1- D. "Police department" means the police department of the Town of Trophy Club or any certified peace officer of the said department. E. "Running at large", when applied to animals, means generally loose and not under positive control of the owner while off the owner's property; when applied to wild, vicious or exotic animals, means not in a suitable enclosure. F. "Vicious (when applied to a dog, cat or other domestic animal) means any dog, cat, or other domestic animal within the Town that shall bite, scratch or otherwise attack a person, which dog, cat or other domestic animal has previously bitten, scratched or otherwise attacked a person who is not at the time trespassing upon the property of the owner or person having control of such animal, or who is not otherwise provoking or teasing such animal shall be deemed vicious or dangerous to persons or other animals. G. "Vicious" (when applied to other than a domestic animal) means any animal, including any reptile, which, by nature, is normally considered dangerous to persons or other animals, shall be deemed vicious or dangerous to persons or other animals. H. "Wild animals" means undomesticated animals, including reptiles, not ordinarily considered home, farm or ranch animals. Section 2. Animal at Lar e. A. It shall be unlawful for any person raising, owning or harboring any animal to willfully allow or permit such animal to run at large upon the public streets, parks or other public property of the Town or to willfully allow or permit such animal to run at large or to go upon any premises owned or in possession of or under the control of any other person in the Town. B. Animals on a leash shall not be construed as running at large provided such leash is either attached to an immovable object or firmly grasped at all times within the control of a person physically capable of maintaining the control of such animal. C. At all other times said animal shall be confined to the premises of its owner (1) by a fence of sufficient strength and height to prevent said animal from escaping therefrom, (2) inside the house, or (3) secured on said premises by a leash consisting of a rope or metal chain of sufficient strength to prevent said animal from escaping from said premises and so arranged that said animal will remain upon said premises when the leash is stretched to full length. Section 3. Impounding of Animals. The police department shall take into custody any dog or cat found at large in the Town and shall impound the dog or cat into the custody of the police department. Such impounded dog or cat shall be held for a period of not less than three (3) days. At the -2- end of the said period, if the dog or cat has not been claimed and the proper impoundment fee paid as described herein, the dog or cat shall be delivered to the appropriate humane society as determined by the Chief of Police of the Town for adoption or disposal by the said humane society. Prior to the delivery of a dog or cat to the humane society, the police department shall make every reasonable effort to contact the owner of an impounded dog or cat. Section 4. Authority to kill. impound or destroy animals. Any peace officer shall have the authority to do or perform any of the following: A. Kill an animal which, in the sole opinion of the peace officer, poses an imminent danger to a person or property and a real or apparent necessity exists for the destruction of the animal. B. Impound an animal which is diseased and endangers the health and welfare of another animal or person. C. Send an animal to be destroyed after it has been determined that the recovery of an impounded animal is doubtful due to injury or disease. Section 5. Impoundment fees - doa or cat. The owner of an impounded dog or cat shall pay the following fees in order to redeem such dog or cat from the Town: Vaccinated Unvaccinated Licensed or Unlicensed Animals Animals 1st Impoundment $15.00 $25.00 2nd Impoundment $40.00 $50.00 3rd Impoundment $65.00 $75.00 4th Impoundment $90.00 $100.00 A. Prior to the redemption of any impounded dog or cat and in addition to the above stated fees, a handling charge of $8.00 per day shall be paid. B. Any person claiming an animal that has not been vaccinated for rabies within the last year shall pay the impoundment fee. Before releasing the animal 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 the shelter. The police 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. If (i) an owner promises in writing that an animal will be vaccinated, (ii) the animal is thereafter impounded a second time, and (iii) it is determined that the animal was not vaccinated in accordance with -3- the written promise, then the fee for impoundment as shown above in this Section 5 shall be assessed, plus $8.00 per day. For a third or any subsequent impoundment of such animal that remains unvaccinated at the time of impoundment, an additional fee for impoundment as shown above in this Section 5 shall be assessed. C. Impoundment fees and policies for animals transported to the humane society designated by the Chief of Police will be determined by and in accordance with the rules of the said humane society. Section 6. Adoption. A person who desires to adopt a dog or cat from the police department shall: A. Register the animal with the police department without charge; B. Have the animal vaccinated for rabies within five (5) days after adoption; and C. 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. Provided, however, that the Chief of Police may, in his sole discretion and for good cause shown, permit the adoption of an animal without such spaying or neutering. D. Any person desiring adoption shall also sign a promise in writing that the animal will be vaccinated and spayed/neutered within the time period as outlined in paragraphs B. and C. of this Section 5. The police department shall keep the said written promise on file. If (i) such a promise in writing is made, (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 5, plus $8.00 per day. For a third or 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 5 shall be assessed. The police department shall make the final determination as to whether a dog or cat is healthy enough for adoption. Provided, however, that such a decision by the police department shall not constitute a warranty, either express or implied, of the health or age of the animal. Section 7. Confinement re iced of a dog. cat or other animal thatfee. bitten a Aerson- exceptions; a When a dog, cat or other animal has bitten scratched or otherwise attacked a person, that person or anyone having knowledge of such incident shall immediately notify the police department and -4- such dog, cat or other animal shall be confined in a specified veterinary hospital for a period of ten (10 ) days at the expense of the owner of the animal. Such dog, cat or other 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 owner shall be notified and granted five (5) additional days to pick up the animal at a charge of $15.00 per day. After the expiration of the said five (5) day period, the police department may place the animal for adoption or dispose of the animal. Provided, however, that if the animal in question has a valid and current vaccination, the Chief of Police or his duly authorized representative may allow the owner of the animal to secure the animal on the owner's own property; provided that the animal, if requested by the Chief or his authorized representative, shall be inspected by a veterinarian at the end of the quarantine period. The owner of any dog, cat or other animal held by the Town in quarantine for observation purposes shall be charged a fee of $15.00 per day, and the said fee shall be in addition to any impoundment fee. Section 8. 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 Chief of Police may establish conditions under which it would be permissible to keep or harbor wild animals in the Town on a temporary basis. Section 9. Exceptions. The provisions of Section 2 of this Ordinance (relating to animals at large) shall not apply to cats or to dogs under the age of three (3) months. 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 nonresidents 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 10. 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 persons control in the Town to have such dog or cat vaccinated against rabies by a legally licensed veterinarian at least once each year. 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 11. Licenses and Tags. A. License Required. The owner or harborer of each dog or -5- cat more than three (3) months old in the Town shall obtain an annual license for such dog or cat from the Town Manager. 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 dog or cat as set forth in 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 a dog or cat which has not been licensed according to Section 6.A., above. The owner or harborer of a dog or cat shall, upon request, show to the animal control officer or other officer of the Town enforcing this Ordinance the receipt for the animal's Town registration. The failure or refusal of an owner or harborer to produce the animal control officer or other officer of the Town enforcing this Ordinance the receipt for the animal's Town registration. The failure or refusal of an owner or harborer to produce to the animal control officer or other Town official charged with enforcement of this Ordinance, upon request, a current license tag shall constitute prima facie proof that such dog or cat has not been licensed according to the requirements contained in Section 6.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 or harborer a license tag. The license tag shall be valid for a period of one (1) year or until the anniversary date of the vaccination of the dog or cat, whichever comes first, and shall be revalidated by the pet owner presenting proof of vaccination. 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 yad Sags. In the event a license tag is lost or destroyed, a g hall 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 $1.00 replacement fee. The new license tag shall be valid only for the period of time that remains on the original license receipt. E. Failure to Obtain Registration Ta . A person commits an offense, without regard to his mental state, if he harbors a dog or cat without a current registration tag for the dog or cat. F. Defenses. It is a defense to prosecution that: (1) the dog or cat was younger than 3 months; or (2) the owner or harborer of the dog or cat has resided in the Town less than 30 days. G. Transferability of Re istration. Town registration of a dog or cat is not transferable to another dog or cat. -6- Section 12. Snd Speeciaal requirements for keeping miniature,loigs Ferres A. Pot bellied or miniature pigs 1. "Pot bellied pig" or "miniature pig" shall mean a variety of swine that, when full grown, is no more than eighteen (18) inches in height at shoulder level, has short erect ears, and a straight tail. No swine shall be considered a pot bellied or miniature pig if its weight exceed sixty (60) pounds or if it is registered with a licensed breeder. 2. 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. 3. 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 requirements of Section 2. prohibiting animals from running at large. 4. It shall be unlawful for any person to keep harbor, or raise a pot bellied pig which has not received annual vaccinations for erysipelas, parva virus, and leptospirosis (the first of which such vaccinations shall be obtained before the animal reaches the age of four (4) months). 5. 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. 6. 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 police department 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 Chief of Police. The application shall be accompanied by the necessary veterinary documents and a registration fee of $5.00 per pot bellied pig. 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. -7- 3. Cages used for the keeping of ferrets shall be made to prevent the animal from escaping and running at large to ensure compliance with Section 2 of this Ordinance. 4. It shall be unlawful for any person to keep, harbor, or raise any ferret which is not registered with the police department. The registration fee for ferrets is $5.o0. Section 13. Nuisance. It shall be unlawful for the owner of any animal to permit such animal to urinate or defecate upon sidewalks, public parks, alleys, other places open to the public or on private property without permission of the owner thereof. In the event that the owner of an animal is unable to prevent the deposit of waste material in violation of this Section, it shall be the duty of such person to properly dispose of such waste material, to the extent practical. Section 14. 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 15. Animal Noise. No person shall willfully or knowingly keep or harbor on such person's premises any animal that makes or creates Loud and obnoxious noises by whatever method created, thereby disturbing the occupant of adjacent premises or people living in the vicinity of such loud and obnoxious noises. Section 16. Control of Dog. All owners or keepers of dogs within the Town of Trophy Club shall utilize a "pooper scooper" at any time said dog, accompanied by its owner or keeper, is upon public property or the property of any other individual within the limits of the Town of Trophy Club. All dogs shall be curbed at any time said dog, accompanied by its owner or keeper, is upon public property of any other individual within the limits of the Town of Trophy Club. Section 17. Use of Muzzle. A. It shall be unlawful for the owner or keeper of a vicious animal to allow such animal to be on any public street, park or in any other public place within the Town unless the mouth of such animal is muzzled in such a manner as to protect persons from being bitten. B. No muzzle shall be used on any animal which is made from any material, or maintained on any such animal in such a manner, as to have the effect of cutting the skin of, or injuring such animal. C. Proof of any person having been bitten or attacked by any animal shall be prima facie evidence that such animal is vicious. Section 18. 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 -8- 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. 92-07 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. 92- 07 shall continue to be governed by the provisions of that Ordinance and for that purpose Ordinance No 92-07 shall be deemed to remain and shall continue in full force and effect. Section 19. Severability. If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the ordinance, and the Town Council hereby declares it would have passed such remaining of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 20. 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 Five Hundred Dollars ($500.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 21. 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 Ll hday of 1993. ATTEST: Town Secretary, Town of. Trophy Club, Texas [SEAL] APP ED AS TO FORM: Town torney, Town o Trophy Club, Texas Mc r, Town of fiy Club, Texas ORDINANCE NO. 91-02A mil 4ii.7 An ORDINANCE NO. 97-05 MARCH 18, 1997