The text
Sec. 14-101. - Purpose of article.#
It is the intention of this article to provide a means of dealing with an animal that is dangerous or, by its conduct, has indicated that it may represent a danger in the future. In interpreting the definitions contained in this article and in implementing its provisions, the animal control officer shall recognize the right of a person to use an animal as a protector or as a guard; however, the animal control officer shall also take into consideration the right of a neighborhood to be free from fear that an animal may leave the premises of its owner or keeper and attack and injure a person or other domestic animal. It is also the intention of this article to provide public safety regarding dangerous wild animals and other potentially dangerous nondomestic animals, as well as, providing avenues for permitting the safe exhibition of certain animals for public entertainment.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)
Sec. 14-102. - Dangerous animals.#
(a)
A dangerous animal shall be defined as an animal which:
(1)
Has inflicted injury on a human being without provocation on public or private property; or
(2)
Has killed or severely injured a domestic animal without provocation while off the owner's property; or
(3)
Is trained or harbored for fighting which may be determined based on whether the animal exhibits behavior and/or bears physical scars or injuries which indicate that the animal has been trained or used for the purpose of fighting; or
(4)
Is a warm-blooded mammal which is known to carry or be susceptible to the rabies virus and which can not be effectively vaccinated against that virus with any vaccine approved by the Texas Department of Health (prohibited under section 14-123 this chapter); or
(5)
Is a hybrid animal or any pet wildlife which has attacked a human or which is apprehended or observed unrestrained; or
(6)
Is a venomous or carnivorous fish or reptile or any fish or reptile that grows over six feet in length (prohibited under section 14-123 this chapter).
(b)
If an animal acts or is defined as stated in subsection (a) of this section, the animal control officer shall impound the animal immediately if it is at large; or, if it is in the possession of some person, the animal control officer may issue a notice requiring immediate remedial or safeguard measures be taken or if necessary for public safety that the animal be taken to a designated location for impoundment. The form of such notice shall be provided for by policy. An animal which is impounded shall not be released until a final determination is made on the disposition of the animal.
(c)
If the animal control officer determines that any animal acts as, or is, defined herein this section, the animal control officer shall issue a notice to the owner clearly stating the animal's actions or that by definition the animal is determined to be a dangerous animal, such notice may require remedial measures to be taken if appropriate. The notice, the form of which shall be provided for by policy, shall be given to the owner by personal service or by certified mail, return receipt requested. If the dangerous animal is of the types defined in subsection (a)(4) or (a)(6) herein this section, the possession of which is subject to an offense under section 14-123 prohibited animals, enforcement shall be under that section herein under this chapter. The owner may file a written appeal to this notice clearly stating the reason(s) for disputing the remedial action(s) or the determination of the animal being deemed a dangerous animal. Such appeals shall be directed to the municipal court within 15 days of service. If no written appeal is received by the municipal court within the prescribed appeal period [the] dangerous animal determination of the animal control officer is presumed to be valid. If the animal control officer's determination is appealed, the municipal court judge shall conduct a hearing to determine the validity of the animal being determined a dangerous animal. The municipal court judge shall make his/her decision on the basis of preponderance of the evidence presented. The municipal court judge may; 1) sustain the determination of dangerous animal and/or sustain or modify remedial requirements; or 2) unfound the determination and declare the animal as non-dangerous. The decision of the municipal court judge shall be final. If after the appeal hearing the animal is deemed nondangerous, the owner shall only pay the minimum "at large" impound fee and the animal released. If not impounded "at large" the owner shall pay no impound fee(s).
(d)
It shall be unlawful for the owner or harborer, of an animal determined a dangerous animal under this section, to permit continued or future "at large" behavior or to disregard valid remedial requirements imposed or safeguard requirements imposed under the processes described herein this section. Any person who shall violate this provision shall be deemed guilty of an offense.
(e)
If the owner of a dangerous animal cannot be determined after reasonable efforts to do so and after holding the animal for 72 hours, the animal may be disposed of in a humane manner. If the owner of a dangerous animal which has been impounded cannot be located for the delivery service of the notice required herein either in person or by mail, the animal may be disposed of in a humane manner after all reasonable effort has been made to locate such owner.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)
Sec. 14-103. - Potentially dangerous animals.#
(a)
If the animal control officer believes that an animal has exhibited behavior indicating that it represents a potential danger, the animal control officer may initiate an investigation to determine whether or not the animal is potentially dangerous.
(b)
An animal may be defined as "potentially dangerous" if it has engaged in the following conduct:
(1)
When unprovoked, chases or approaches a person upon the streets, sidewalks or any public or private property in a menacing fashion or apparent attitude of attack; or
(2)
Has a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise threaten the safety of human beings or domestic animals.
(c)
If an animal acts or is defined as stated in subsection (b) of this section, the animal control officer shall impound the animal immediately if it is at large; or if it is in the possession of some person, the animal control authority shall determine the ownership and owners address of such animal.
(d)
Written notice and appeal of this determination of potentially dangerous animal and any remedial provisions prescribed shall follow the same processes set-out in subsection 14-102(c) for dangerous animals. Only "at large" potentially dangerous animals shall be impounded with the appropriate fee paid for the animal's release, no extended impound period awaiting final disposition shall be required.
(e)
It shall be unlawful for the owner or harborer of an animal determined a potentially dangerous animal under this section to permit continued or future "at large" behavior. Any person who shall violate this provision shall be deemed guilty of an offense.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)
Sec. 14-104. - Exceptions.#
(a)
No animal may be declared dangerous or potentially dangerous if the threat, injury or damage was sustained by a person who at the time:
(1)
Was committing a willful trespass or other tort upon the premises occupied by the owner of the animal; or
(2)
Was tormenting, abusing or assaulting the animal or has in the past been observed or reported to have tormented, abused or assaulted the animal and the animal was not at large at the time of the offense; or
(3)
Was committing or attempting to commit a crime.
(4)
If the dog was protecting or defending a person while in that person's control from an unjustified attack or assault; or
(5)
If the dog was injured and responding to pain.
(b)
The provisions of this article shall not apply to animals under the control of a governmental law enforcement, correctional, or military agency.
(c)
The provisions of this article shall not apply to a dog whose conduct has brought it within the coverage of the V.T.C.A., Health and Safety Code Chapter 822, to the extent that said Chapter preempts local regulation of the dog's conduct.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)
Sec. 14-105. - Nonregisterable dangerous dogs.#
No person shall own or harbor a nonregisterable dangerous dog within the city. Such an animal may be impounded as a public nuisance. If impoundment of such nonregisterable dangerous dog is being attempted away from the premises of the owner and the impoundment cannot be made with safety, the animal may be destroyed without notice to the owner or harborer. If an attempt is made to impound a nonregisterable dangerous dog from the premises of the owner or harborer and the impoundment cannot be made with safety, the owner or harborer will be given 24 hours' notice that if the animal is not surrendered to the animal control officer for impoundment within said 24-hour period, then the animal will be destroyed wherever it is found. After this notice, the nonregisterable dangerous dog may be destroyed during an attempt to impound, if impoundment cannot be made with safety, wherever the impoundment is attempted. Notice under this chapter may be verbal or in writing on a form provided for by policy. A written notice left at the entrance to the premises where the nonregisterable dangerous dog is harbored will be considered valid notice under this chapter.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)
Sec. 14-106. - Determination of nonregisterable dangerous dog.#
A dog is determined to be a nonregisterable dangerous dog if: (1)
A dog is automatically determined to be nonregisterable if it commits acts as set forth under the definition of "Nonregistrable dangerous dog" in section 14-1; or
(2)
The animal control officer may find and determine a dog to be nonregisterable if:
a.
Upon receipt of an affidavit of complaint signed by one or more individuals, made under oath before an individual authorized by law to take sworn statements or made at the animal shelter before the animal control officer, setting forth an act described in section 14-1 and referenced above in (1), and setting forth the:
1.
Nature and the date of the act described in section 14-1,
2.
The location of the event,
3.
The name and address of the owner of the animal in question, and
4.
The description of the animal in question.
b.
The animal control officer investigates the complaint and may determine that an animal is nonregisterable under this title and/or state law;
(3)
The dog has been previously registered as, or finally determined or declared to be, a dangerous dog, either in the city or in another city or county in the state, and makes an unprovoked attack on another person or domestic-animal outside the dog's enclosure, or causes injury to such person or a person assisting or intervening on behalf of such person; or
(4)
The owner of a dog determined to be a registerable dangerous dog under this chapter, or any previous or other ordinance of this city or any other city or state law, cannot or will not comply with the requirements set out in this chapter for the keeping of a registerable dangerous dog.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06; Ord. No. 2009-04, § 2, 1-27-09)
Sec. 14-107. - Notification of determination of a nonregisterable dangerous dog.#
(a)
Within five working days of determining an animal nonregisterable, the animal control officer will notify, by certified mail, return receipt requested, the person owning the animal of its designation as a nonregisterable animal. In the event that certified mail, return receipt requested, can not be delivered, the animal control officer may then give notice by ordinary mail to last known address of owner. For the purposes of this section, written notice may be delivered by the animal control officer in person to the owner/harborer of the dog in question.
(b)
If the animal is determined to be nonregisterable under this chapter, the owner may appeal to the municipal court within 15 days of notification. Failure to appeal the determination of a nonregisterable dangerous dog shall result in the animal control officer's determination as becoming final.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)
Sec. 14-108. - Status of dog pending appeal.#
Pending any appeal to municipal court, the animal must be confined at the animal shelter or licensed veterinary facility, and the cost of such confinement shall be borne by the owner. If the dog in question is not in the possession of the animal shelter at the time of the declaration, the owner must surrender the dog to the animal control officer when ordered to do so. If the owner fails to immediately surrender the dog, the animal control officer shall take the dog into his possession from the premises of the owner or elsewhere, wherever the dog may be found within the city limits. If the dog can not be taken into custody by the animal control officer, it may be taken into custody under a search warrant pursuant to CCrP, Article 18.01, the grounds for issuance shall conform to Subdivision (8) of Article 18.02 of the same Code and issued by the municipal judge.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)
Sec. 14-109. - Defense to determination.#
It is a defense to the determination that a dog as a nonregisterable dangerous dog, dangerous dog or should be destroy and to the prosecution of the owner of that dog: (1)
If the threat, injury or damage was sustained by a person who at the time was committing a willful trespass or other tort upon the premises occupied by the owner of the animal and was older than eight years of age at the time of the attack;
(2)
If the person was teasing, tormenting, abusing or assaulting the animal or has, in the past, been reported to have teased, tormented, abused or assaulted the animal and is older than eight years of age at the time of the attack;
(3)
If the person was committing or attempting to commit a crime;
(4)
If the dog was protecting or defending a person while in that person's control from an unjustified attack or assault; or
(5)
If the dog was injured and responding to pain.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)
Sec. 14-110. - Disposition of a nonregisterable dangerous dog.#
(a)
If the municipal court upholds the determination by the animal control officer, the court shall, subject to any rights of appeal, order the dog to be euthanized in a safe and humane manner.
(b)
In the event the municipal court reverses that determination, the dog in question shall be returned to or released to its owner provided the owner reimburses the city for any veterinary medical treatment administered to the dog while in the custody of the animal control officer.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)
Sec. 14-111. - Registerable dangerous dog.#
This designation shall refer to a dog determined dangerous under this chapter and in compliance with state law and that meets any of the following criteria: (1)
Any dog which, when unprovoked, chases or approaches a person upon the streets, sidewalks or any public or private property in an apparent attitude of attack such that the person reasonably believes that the animal will cause physical injury to the person;
(2)
Any dog that commits an unprovoked act in a place other than an enclosure in which the dog was being kept and which enclosure was reasonably certain to prevent the dog from leaving the enclosure on its own and the act causes a person to reasonably believe that the dog will attack and cause bodily injury to any person; or
(3)
Any animal that has killed or seriously injured a domestic-animal without provocation while off the owner's property.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)
Sec. 14-112. - Determination of a registerable dangerous dog.#
A dog is determined to be a registerable dangerous dog if it meets the requirements set out in foregoing section, and: (1)
The owner of the dog in question knows of such an attack as defined in this chapter; or
(2)
The owner is notified by the animal control officer that the dog in question is a registerable dangerous dog. The animal control officer may find and determine a dog to be a registerable dangerous dog if:
a.
Upon receipt of an affidavit of complaint signed by one or more individuals made under oath before an individual authorized by law to take sworn statements, setting forth an act described in foregoing section of this chapter and set forth as follows:
1.
Nature and the date of the act described in foregoing section,
2.
The location of the event,
3.
The name and address of the owner of the animal in question, and
4.
The description of the animal in question.
b.
The animal control officer has been notified by another agency that the dog has been determined to be dangerous under the state law.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)
Sec. 14-113. - Notification of declaration of registered dangerous dog.#
(a)
Within five working days of determining a dog to be a registered dangerous dog, if written notification cannot be given personally to the owner of the dog, the animal control officer will notify, by certified mail, return receipt requested, the person owning the animal of its designation as a registerable dangerous dog. In the event that certified mail, return receipt requested, can not be delivered, the animal control officer may then give notice by ordinary mail.
(b)
If the dog is determined to be registerable under this title, the notice shall inform the owner of the dog that he/she may appeal the determination to municipal court no later than 15 days after the date the owner is notified of the determination. Failure to appeal the determination of registerable dangerous dog within the 15-day period shall result in the animal control officer's determination becoming final.
(c)
Upon determination by the animal control officer, that the dog is dangerous, the owners shall be required to secure the animal immediately within an enclosure that meets the requirements of this chapter. If the owner fails to do so, the animal control officer shall impound the dog until such enclosure is provided.
(d)
The animal control officer shall immediately notify, in writing, adjacent and contiguous property owners of such determination.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)
Sec. 14-114. - Status of dog on appeal.#
Pending the outcome of the appeal, the animal must be confined at a licensed veterinary clinic or at the animal shelter, the cost of which shall be borne by the owner of the dog in question. If the dog in question is not in the possession of the animal shelter or a veterinary clinic at the time of the determination, the owner must surrender the dog to the animal control officer when ordered to do so. If the owner fails to immediately surrender the dog, the animal control officer shall have the right to take the dog into its possession from the premises of the owner or elsewhere, wherever the dog may be found within the city limits. If the dog can not be taken into custody by the animal control officer, it may be taken into custody under a search warrant for contraband issued by the municipal judge.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)
Sec. 14-115. - Defense to determination of registerable dangerous dog.#
The defenses identified in section 14-109 shall serve as a defenses to the determination of a dog as a registerable dangerous dog and to the prosecution of the owner of that dog.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)
Sec. 14-116. - Disposition of a registerable dangerous dog.#
(a)
If the municipal court upholds the determination by the animal control officer, the owner shall, no later than ten days after the hearing, comply with the provisions of this chapter for the keeping of a registered dangerous dog in the city and the dog shall be returned to the owner provided all costs involved in the impoundment, holding and medical treatment of the dog are paid.
(b)
In the event the municipal court reverses that determination, the dog in question shall be returned to or released to its owner provided the owner has paid all veterinary medical costs administered to such dog while in the custody of the animal control officer.
(c)
The municipal court may order make any reasonable orders for the dog consistent with this chapter and Chapter 822 of the Health and Safety Code.
(d)
If the animal control officer has information or belief, or has determined that a court of competent jurisdiction has ever made or upheld a determination or declaration that a dog is dangerous, or if the animal control officer has determined that a declaration or determination of dangerous dog became final for failure to appeal or any other reason, under previous or other ordinances of this city or other cities or state law, the animal control officer shall notify the person owning or keeping such dog in writing that the owner shall no later than ten days after the date of the notice comply with the provisions of this title for the keeping of a registered dangerous dog in the City of Burnet.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)
Sec. 14-117. - Requirements for registration and possession of registered dangerous dog.#
The owner must register the dog with the animal control officer, and pay the fees as required by state law not later than 30 days after the owner is notified that the dog is dangerous. The registration shall not be transferable and shall expire one year from date of issuance. The animal control officer shall provide to the owner of the registered dangerous dog a tag which must be placed on the dog's collar and worn at all times. (1)
The owner must comply with the following to register the dog:
a.
Present proof of liability insurance or financial responsibility in the amount of at least $100,000.00 to cover damages resulting from an attack by the dangerous dog;
b.
Present proof of current rabies vaccination of the registerable dangerous dog;
c.
Present proof that the dog has been altered so as to prevent reproduction;
d.
Provide a proper enclosure as defined in this chapter and that proper enclosure must be inspected and approved by the animal control officer;
e.
Post a sign on his/her premises warning that there is a dangerous dog on the property. This sign shall be visible and capable of being read from the public street or highway. In addition, the owner shall conspicuously display a sign with a symbol warning, understandable by small children, of the presence of a dangerous dog; and
f.
Further identification may be required and designated by the order of the city.
(2)
When the registered dangerous dog is taken outside the approved proper enclosure, the animal must be securely muzzled in a manner that will not cause injury to the dog nor interfere with its vision or respiration but shall prevent it from biting a person or other animal, and the dog must be restrained by a substantial chain or cable leash having a minimum tensile strength of 1,000 pounds and not to exceed six feet in length.
(3)
Prior to selling or moving the registered dangerous dog either inside or outside the city limits, the owner must notify the animal control officer of his/her intentions. In the event the dog is moved permanently outside the city limits the owner must comply with the state law in notifying the animal control division in control of the area into which the dog has been moved.
(4)
Anyone bringing a dog into the city limits that has been declared dangerous by another animal control authority must notify the animal control officer of the new address where the dog will be kept and upon presentation of the dog's prior registration tag that has not expired shall pay a fee set by the city council, and the animal control officer shall issue a new tag to be placed on the dog's collar. This owner must also comply with all requirements set out in this title.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)
Sec. 14-118. - Attack by registered dangerous dog.#
The owner of a dangerous dog shall notify the animal control officer of any attacks the dog makes on people or animals.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)
Sec. 14-119. - Appeal from municipal court.#
Any appeal of the decision or order of the Municipal Court of Burnet shall be made within ten days in the same manner as appeal from civil cases originating in the justice of the peace courts of this state. The municipal court shall order the appellant to post a supersedeas bond payable to the city in an amount not less than $10,000.00. The form of the bond shall be as prescribed in the laws pertaining to civil appeals originating in the justice of the peace courts in this state. The appellant shall be responsible for the cost of appeal.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)
Sec. 14-120. - Defense to prosecution for violation of registered dangerous dog.#
It is a defense to prosecution that the person possessing a dangerous dog is: (1)
Veterinarian, peace officer, or employee of the city, and the harboring of the dog was in the performance of his/her duties;
(2)
An employee of the institutional division of the Texas Department of Criminal Justice or a law enforcement agency and trains or uses dogs for law enforcement or corrections purposes; or
(3)
A dog trainer or an employee of a guard dog company, while in the performance of his/her duties, under the Private Investigators and Private Security Agencies Act.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)
Sec. 14-121. - Penalties for violation of this article relating to dangerous dog.#
(a)
It shall be a violation of this article if the person is the owner of a registered dangerous dog and the dog makes an unprovoked attack on another person outside the dog's proper enclosure and causes bodily injury to the other person whether or not the dog was on a leash and securely muzzled or whether or not the dog escaped without fault of the owner.
(b)
It shall be a violation of this article if the person is the owner of a registered dangerous dog and that dog kills or wounds a domestic animal while outside the dog's proper enclosure whether or not the dog was on a leash and securely muzzled or whether or not the dog escaped without fault of the owner.
(c)
It shall be a violation of article if the person is the owner of a registered dangerous dog and that dog attacks a person who gains access to the proper enclosure due to negligence on the part of the owner or the owner's agent. This negligence shall include a failure to comply with the notification of ownership of dangerous dog through posting of warning signs in accordance with this article.
(d)
In addition to criminal prosecution, a person who commits an offense under this article is liable for a civil penalty not to exceed $10,000.00. The City Attorney of Burnet may file suit in a court of competent jurisdiction to collect the penalty. Penalties collected under this subsection shall be retained by the city.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)
Sec. 14-122. - Exhibitions of certain animals prohibited.#
No person shall keep, or permit to be kept, on his premises any wild or dangerous animal for display or for exhibition purposes, whether gratuitously or for a fee. This section shall not be construed so as to apply to a zoo or circus, as defined in section 14-1.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)
Sec. 14-123. - Prohibited animals.#
No person may possess a prohibited animal within the city limits. Such prohibited animals shall include, but are not limited to, all animals prohibited by the state or federal law and shall include, but are not limited to, the following animals or any hybrid of these animals or such other class of animals as may be determined to be dangerous by animal control officer or any other dangerous animal which may be added in the future to the list as a high risk animal in the Texas Rabies Control Act, as amended: (1)
Class mammalia: family Canidae (such as wolves, coyotes and fox) except domesticated dogs and hybrids involving same; family Mustelidae (such as weasels, martins, fishers, skunks, wolverines, mink and badgers) except ferrets; family Procyonidae (such as raccoons); family Ursidae (such as bears); and order Chiroptera (such as bats).
(2)
Poisonous reptiles, cobras and their allies (Elapidae, Hydrophiidae); vipers and their allies (Crotiladae, Viperidae); Boonslang and Kirtland's tree snakes; Gila monsters (Helodermatidae); and crocodiles, alligators and their allies (order Loricata) and nonvenomous reptiles over six feet in length.
(3)
Brown recluse (Loxosceles) and black widow (Lactrodectus) spiders.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)
Sec. 14-124. - Prohibited dangerous wild and other nondomestic animals.#
The animals specified in this section as dangerous wild animals shall be deemed as contraband and no person may possess any individual species and/or subspecies of the following dangerous wild animals: Order Carnivora, family felidae (such as lions, tigers, jaguars, leopards and cougars, ocelot, lynx, bob cat, cheetahs, jaguars), hyenas, bears, lesser pandas, ferrets from natural habitats, order Primata (such as monkeys, chimpanzees, apes). No person may possess any individual species of the following animals: Antelope, binturong, miniature pigs, elephants, Vietnamese pot belly pigs, or such other nondomestic species of animal not common to this area.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)
Sec. 14-125. - Certificate of registration of dangerous wild animals and other nondomestic animals on issuance of permit to operate circus or zoo.#
(a)
Notwithstanding the provisions of sections 14-122, 14-123, and 14-124 special certificates of registration of dangerous wild animals and other nondomestic animals noted in such sections, may be issued in conjunction with the issuance process of permitting circus or non-accredited zoo operations within the city. The issuance of such permits shall provide an exception to said sections and classify such animals as "restricted" and subject to the terms set out in the application and agreement processes provided herein. The application for certificate and permit shall be made to the animal control authority on a form provided for by department policy. Such form shall contain a formal "agreement" between the city and the applicant relating to routine permitting criteria and specifically, general business practices as these relate to the type of permit required (circus or zoo), hours of operation, and covenants to observe approved safety and escape prevention procedures. Approved permits and related certificates of registration shall be issued under the authority of the chief of police. Applications shall be investigated for reputation for historical compliance with similar laws in this jurisdiction and others, and the applicant shall provide the following information and documentation:
(1)
A health certificate from a licensed veterinarian stating that the animal is free from symptoms of infectious disease or is under treatment. A new health certificate is required each time the permit is renewed. A copy will remain with the animal control officer;
(2)
Copies of applicable state or federal permits or licenses as required by either of those entities for the keeping of the particular animal in question. These copies will be retained by the animal control officer;
(3)
Information relating to the owner including emergency telephone numbers and telephone numbers for their veterinarian in case of emergencies;
(4)
Present proof of liability insurance or financial responsibility in the amount of $100,000.00 to cover the damages resulting from an escape and/or attack by any one individual animal listed in sections 14-123 and 14-124 to be registered and permitted.;
(5)
Agreement to allow reasonable access for inspection by animal officer; and
(6)
Enter into an agreement with the city that safety and escape prevention be maintained on a 24-hour basis, the failure of which shall be grounds for permit revocation and documentation of compliance with all other applicable city ordinances, including, but not limited to building and planning and zoning.
(7)
The negligent escape of any animal subject to permitting under this article shall be prima facie evidence of a breach of the safety and escape prevention covenants required herein.
(8)
Failure to provide required information or documentation, or an unsatisfactory investigative finding shall be grounds for denial of permit. An appeal of denial of permit shall be made in writing within ten days of the notice of denial to the city manager. The city manager may review the issues leading to the denial or conduct an administrative hearing, and decide the issue, in either, the decision of the city manager is final.
(b)
Before a certificate(s) and permit is issued the animal control officer shall inspect the facility where the animal(s) is/are to be kept, which must meet the following criteria:
(1)
Each enclosure must provide adequate exercise area and sleeping quarters;
(2)
Proper temperature control and ventilation for the particular species must be provided in both areas;
(3)
Each enclosure must be kept locked and designed so that no one can enter or place appendages in the enclosure;
(4)
Each enclosure must be constructed so as to prevent the animal from escaping;
(5)
Each enclosure must be kept in good repair to prevent both escape and injury to the animal;
(6)
Each enclosure must have a water container which is secured so as to prevent its being overturned; and
(7)
Each enclosure must be cleaned daily.
(c)
Animal control officer may when deemed necessary, employ the services of a licensed veterinarian to assist in this application process and applicant shall be responsible for the reasonable costs associated with such service in addition to any permit fees required under this act.
(d)
Each animal must be provided with continuous clean water and must be fed a diet approved by a licensed veterinarian.
(e)
Any animal which has bitten or scratched someone must be immediately surrendered to the animal control officer for euthanasia and testing by the Texas Department of Health. A live test approved by the Texas Department of Health may be substituted for euthanasia.
(f)
Fee for circus/zoo registration and permit shall be according to the schedule established in the fee schedule found in Appendix B of this Code, and the permit shall expire one year from date of issuance and shall not be transferable. Major modifications or additions to such facilities' animal containment areas shall require a re-inspection and/or re-permitting of the circus or zoo. In such instances, the original application fee shall be collected.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06; Ord. No. 2024-08, § 5, 3-12-24)
Sec. 14-126. - Violation of sections 14-122, 14-123, 14-124 and 14-125 relating to various prohibited animals.#
(a)
It shall be a violation of this article if a person keeps or permits to be kept on his premises any wild or dangerous animal for display or exhibition purposes and each day of noncompliance shall constitute a separate offense.
(b)
It shall be a violation of this article if a person possesses an animal prohibited under section 14-123 and each day of violation shall constitute a separate offense.
(c)
It shall be a violation of this article if a person possesses an animal prohibited under section 14-124 and each day of violation shall constitute a separate offense. In addition to any criminal penalty, if a person possesses an animal classified in section 14-124 as a "dangerous wild animal" in violation of this article, that person is liable for a civil penalty of not less than $200.00 and not more than $2,000.00 for each dangerous wild animal in violation and for each day the violation continues. The city attorney may bring suit to collect said penalty and costs allowed by statute and such penalty shall be retained by the city.
(d)
It shall be a violation of this article to operate a circus or zoo without a valid permit issued pursuant to this article and each day of operation shall constitute a separate offense. In addition to any criminal penalty, if the circus or zoo at the time of the violation is in possession of any "dangerous wild animal", the liability for the civil penalty detailed in subsection (c), herein may be imposed for each dangerous wild animal possessed.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)
Sec. 14-127. - Nonapplicability.#
(a)
This article does not apply to:
(1)
Zoological parks accredited by the American Association of Zoological Parks and Aquariums;
(2)
Federally licensed research institutions;
(3)
Any government agency or its employee who uses the animals for an agency related to education, propagation, or behavior program; or
(4)
Anyone holding a valid rehabilitation permit from the Texas Parks and Wildlife Department but only for animals which are in rehabilitation and scheduled to be released to the wild.
(5)
A research facility as defined by Animal Welfare Act (7 U.S.C. § 2132) and licensed by the U.S. Secretary of Agriculture.
(6)
A dangerous wild animal in the custody and control of a circus company or other similar entity not based in this city and the animal is "in transit".
(7)
An animal subject to this article in the temporary custody and control of a television or motion picture production company during production activities.
8.
Any federal, state, or local governmental entity acting in official capacity and engaging in zoological activities.
(b)
Other than the provisions of sections 14-102 and 14-103 and the prohibitive provisions of sections 14-123 and 14-124, this chapter does not apply to an animal that is an FFA or 4-H project and that is and remains in good standing and on an official list of such authorized projects filed with the city by the authorized sponsor of such FFA or 4-H program; provided that such exemption shall be withdrawn upon the sponsor of the applicable FFA or 4-H program notifying the mayor that such animal is not being maintained and cared for in compliance with the standards of such FFA or 4-H program, or is, otherwise, no longer an authorized FFA or 4-H project.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)
Sec. 14-128. - Guard dogs.#
(a)
All dogs which are trained and kept solely for the protection of persons and property, residential, commercial or personal, shall be registered with the animal control authority in the same manner and fee as domestic dogs kept for pets, however, a statement of the dog's intended use as a guard dog must be declared. The utilization of a guard dog shall require that the area or premises in which such dog is confined be conspicuously posted with warning signs at all entrances bearing letters not less than two inches high, stating "Guard Dog On Premises."
(b)
The area of premises may be subject to inspection by the animal control officer to determine that the animal in question is maintained and secured at all times in such a manner so as to prevent its coming in contact with the public and that the proper "public" notice signs are posted.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)