ORD 1985-16E P
ORD I
A
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 55-16
AN ORDINANCE RELATING TO THE CREATION OF REGU-
LATIONS REGARDING THE CONTROL OF ANIMALS;
DECLARING IT UNLAWFUL TO PERMIT ANIMALS TO RUN AT
LARGE; DECLARING IT UNLAWFUL TO KEEP OR HARBOR
WILD ANIMALS; PROVIDING FOR THE VACCINATION OF ALL
DOGS AND CATS; PROVIDING FOR SANITARY CONDITIONS; DE-
CLARING IT UNLAWFUL TO KEEP AN ANIMAL WHICH MAKES
LOUD NOISES; DECLARING IT UNLAWFUL TO KEEP A VICIOUS
ANIMAL; PROVIDING A PENALTY NOT TO EXCEED TWO
HUNDRED DOLLARS ($200.00) AND A SEPARATE OFFENSE
SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON
WHICH A VIOLATION OCCURS; PROVIDING FOR SEVERABILITY
AND DECLARING AN EMERGENCY
WHEREAS, it is in the interest of the public health, safety and general
welfare to create regulations for the control of animals within Town limits.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. Definitions.
Cat: Animal of the feline species, both male and female.
Dog: Animal of the canine species, both male and female.
Owner: Any person owning, keeping, harboring or having control or
custody of an animal.
Running at large: When applied to animals generally means 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.
Vicious: (When applied to a dog, cat or other domestic animal.) 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.
Vicious: (When applied to other than a domestic animal.) 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.
Wild animals: Undomesticated animals, including reptiles, not ordinarily
considered home, farm or ranch animals.
Section 2. (a) It shall be unlawful for any person raising, owning or
harboring any animal to willfully suffer or permit any such creature to run at
large upon the public streets, parks or other public property of the Town or to
willfully suffer or permit any 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
said owner by a fence of sufficient strength and height to prevent said animal
from escaping therefrom, inside the house or 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. (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 restrain of such animals.
(b) The Marshal or his assistant may establish conditions under which
it would be permissible to keep or harbor wild animals in the Town on a
temporary basis.
Section 4. With the exception of sanitation requirements, noise pro-
hibitions, and prohibition on keeping vicious animals, the provisions of this
ordinance shall not apply to cats; nor shall same apply to dogs under the age of
three (3) months; nor shall same apply to dogs or cats of nonresidents of the
Town who are temporarily visiting in the Town, which dogs and cats, while out
of doors are kept securely under control by a leash, rope or strap, or confined
in a vehicle.
Section S. 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. 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 6. 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
deposite 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 7. All persons keeping animals within the Town shall keep the
premises upon which such animal is kept clean and free from noxious and
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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 8. 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 9. 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 10. (a) It shall be unlawful for the owner or keeper of 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 11. Any person who shall violate any of the provisions of this
shall be deemed guilty of a misdemeanor, and upon conviction in a court of
competent jurisdiction thereof shall be subject to a fine not to exceed Two
Hundred Dollars ($200.00) for each offense and each day any such violation
continues shall constitute a separate offense, subject to application of the full
penalty contained herein.
Section 12. That this ordinance shall be cumulative of all other
Ordinances of the Town affecting 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.
Section 13. 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 14. The fact that the present health and sanitation Ordinances
and regulations of the Town are inadequate to properly safeguard the health,
safety, morals, peace and general welfare of the inhabitants of the Town creates
an emergency for the immediate preservation of the public business, property,
health, safety and general welfare of the public which requires that this
ordinance shall become effective from and after the date of its final passage and
publication as provided by law, and it is accordingly so ordained.
:RZ
PASSED AND APPROVED on the 24 day of June ,
1985.
ayor, Town of Teophy Club, Texas
r
ATTEST:
K
Town Siecretary, Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
Town Attorney, Town o"ophy ub; Texas
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