HomeMy WebLinkAboutOrd 1995-19 Animal Control.pdfORDINANCE NO. 95-19
CITY OF ANNA, TEXAS
AN ORDINANCE PROVIDING FOR THE CONTROL OF ANIMALS; PROVIDING
FOR DEFINITIONS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR
RABIES CONTROL; PROVIDING A VIOLATION FOR RUNNING AT LARGE;
PROVIDING FOR REGISTRATION; PROVIDING FOR IMPOUNDMENT;
PROVIDING FOR FEES; PROVIDING FOR QUARANTINE; PROVIDING FOR
NUISANCES; PROVIDING FOR PROHIBITION OF CERTAIN ANIMALS;
PROVIDING FOR CONTROL OF VICIOUS ANIMALS; PROVIDING FOR
SANITARY CONDITIONS; PROVIDING FOR A PENALTY; PROVIDING FOR A
SAVINGS CLAUSE; PROVIDING FOR REPEAL OF ORDINANCES IN
CONFLICT THEREWITH; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION OF THIS ORDINANCE AND AN EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS:
Sect i on l . 1:7E•±.%: ,r it i; or:..i..
Dc;mces't:i.c:; fdn:i.igkaj shra:I.:I. include all species of animal::
commonly -accepted as being domesticated.
O Fin.;j:niral. shall mean ..any living creature, including but not
limited to dogs, cats, horses, birds, fish, mammals,
reptiles, insects, fowl, and livestock, but specifically
excludinn human beings.
;. F!e;!;G., (;lrl_;,m,F,l_, shall. include clogs, cats, rabbits, rodents;,,
birds, reptiles and any other species of animal that are
sold or retained as household pets but shall not include
skunks, nonhuman primates and any other" species of wi.lcl,
miotic, or'•carnivorous animal that may be furtheir,
restricted in this law.
4. Mjjg, (:lrl_, ni,y,j shall mean any poivanuus or dangerous
reptile, or•any other species of animals that; commonly
exists in a natural, unconfined state and in usually not
domesticated, including, but not limited to, foxes,
1?possums, raccoons, squirrels, leopards, panthers,
tigers, lions, lynx, unless; certified for medical,
biological, herpetological or other scientific: research
or study„ This definition shall apply regardless of
state or duration of captivity.
Pi. y,.;Lu.,ls ll i, shYil.l mean any 'indivi.dual animal of any
species that has on two previous occasions without
provocation attacked or bitten any person or other,
•
animal, or any :i.ndividual animal that the Loral Health
Authority or Supervisor of Animal Control has reason to
hol ieve.? has a dangerous disposition, or any species of
animal, that the Local Health Authority or Supervisor has
reason to believe has a dangerous disposition likely to
be harmful to humans or other animals.
6" DOW. shall mean any person designated
by the City council to enforce the provisions of this
Ordinance"
7" ���Ll�L �����������shall mean all types of domesticated
swine, sheep and Moats.,
shall mean horses or any member of the
domesticated horse family, including but not limited to,
mules, donkeys and ponies, and all types and varieties
of cattle"
9" DI�r, shall mean any person, firm or corporation having
title to any animal, or person who has, harborsv or
Keeps or causes or permits to be harbored or kept, any
animal in his carev or who permits an animal to remain
on or about his promises,
Q AnIMAL ClL[Ltr2gI s||alI mean that the person
designated by the City Council to supervise all aspert%
of animal control.
11. RMnD���l At L���g!� shall mean not completely confined by a
� ~
building, wall or fence of sufficient strength or
construction to restrain the animal, or not on a leash
or held in the hands of the owner or keeper, or not
under supervision of the owner within the limits of the
owner's private property.
12" PQXAJ QMDtrMI shall mean the Animal Control Division of
the City of Anna.
13".1, Stghlg shall mean a facility where a fee is
charged to house, posture or rent horses or other
livestock.
14. Pgg shall mean any live or dead dog (Canis familiaris).
15~ Cat shall mean any live or dead cat (Fells Catus)^
16" UprimnQuA The out of keeping and caring for an animal
or of providing a premise to which the animal returns
for food, shelter, or care for a period of three (3)
consecutive days"
17^ ����� AI���lshall mean any animal for which there is no
identifiable owner or harborer..
18, Vavc1nmt±Lg Wall me^.on properly injected with a rabies
-, vaccine licensed for use in that species by the United
States Department of Agriculture and administered by a
veterinarian licensed to practice in the State of Texas,
19. shall mean vaccinated and
satisfying the following criteria:
(a) The animal must have been at least three (3) months
of age at the time of vaccination.
(h) At leas* thirty days have elapsed since the initial
vaccination.
(c) No more than twelve (12) months have elapsed since
the most recent vaccination,
20" shall mean a person designated by
the City Council to receive reports of animal bites,
investigate bite reports, insure quarantine of possible
rabid animals and otherwise carry out provisions of the
Texas law pertaining to control and eradication of
rabies,
Section Z, VWX AnIcal.
1"
Every owner of a dug or cat throw (3)
months of age or older shall have such animal vaccinated
against rabies. All dogs or cats vaccinated at three
(3) months of age or older shall be revaccinated at one
(1) year of age and annually thereafter" Any person
moving into the City from a location outside of the City
shall comply with this section of this Ordinance within
thirty (30) days after having moved into the City. If
the dug or cat has inflicted a bite on any person; or
another animal, within the last ten (10) days, the owner
of said dog or rat shall report such fact to the
veterinarian, and no rabies vaccine shall be
administered until after the ten <10> day observation
period"
2
" of Upon vaccination, the
veterinarian shall execute and furnish to the owner of
the dng or rat as evidence thereof a certificate upon a
form furnished by the veterinarian. The veterinarian
shall retain a duplicate copy. Such certificate shall
contain the following information:
(a) The name, address and telephone number of the owner
of the vaccinated dog or cat;
(b) The date of vaccination;
(c> The type of rabies vaccine used;
(d) The year and number of rabies tag; and,
(e} The breed, agev color and sex of the vaccinated dog
or cat"
3. R0hjVj,jag,yj Concurrent with the iysuance and delivery
of the certificate of vaccination referred to in Section
2"2, the owner of the dog or cat shall cause to he
attached to thu collar or harness of the vaccinated dog
or cat a metal tag, serially numbered to correspond with
the vaccination certificate number, and bearing the year
of issuance and the name of the issuing veterinarian and
his a4dress. The owner shall cause the collar or
harness, with the attached metal tag, to be worn by his
dog or cat at all times,
4" PMpjQMjM,jaMjj in the event of loss or destruction of
the original tag provided in section 2"3, the owner of
the dog or cat shall obtain a duplicate tag"
Vaccination certificates (and tags) shall be valid only
for the animal for which it was originally issued.
It shall be unlawful for any person who owns or
harbors a vaccinated dog or cat to fail or refuse to
exhibit his copy of the certificate of vaccination upon
demand to any perbon charged with the enforcement of
this Ordinance.
6" It shall be unlawful
for any person to harbor any dog or cat that has not
been vaccinated against rabies, as provided herein, or
that cannot be identified as having a current
vaccination certificate"
7" DMIMMla Q]AqAQ TQ RAbQkL Any person having knuwlcdAe
of the existence of any animal known to have been, or
suspected of being, exposed to rabies must immediately
report such knowledge to the Local Health Authority,
giving any information that may be required" For any
animal known to have been or suspected of being exposed
to rabies, the Following rules must apply:
(a) Animals having a current vaccination must be
revaccinated immediately and confined according to
the method prescribed by the Local Health Authority
for a period of not less than ninety (90) days,
(b) Animals not having a current vaccination should be
humanely destroyed. However, if the owner of such
on animal elects, he may, at his expense and in a
manner prescribed by the Local Health Authority,
confine said animal. Such animal must be
vaccinated immediately following exposure and
quarantined for not less than six (6) months" A
revaccination shall be done one (1) month prior to
release from quarantine,
NAM A DQMAl�
K Any Person having knowledge of any animal bite to a
human will report the incident to the police or Local
Health Authority as soon as possible, but not later than
twenty—four (24) hours from the time of the incident.
2. The owner of the biting animal will place that animal in
quarantine under the supervision of the Local Health
Authority as prescribed in Section 4.
3^ Utilizing standardized reporting forms provided by TDH,
the Local Health Authority will investigate each bite
4. Human bites from rodents, rabbits, birds and all cold,
blooded animals are excluded from the reporting
requirements of this action.
MUMIm v., Un
l. When an animal that has bitten a human is identified
,
the owner is required to produce the animal for ten (10)
days confinement at the owner's expense. Refusal to
pru"O said dog nr rOt constitutes a violation of thiy
section and each day of such refusal constitutes a
separate and individual violation" The ten (10) day
observation period will begin on the day of the bite
incident. The animal must be placed in the animal
control fauilities Specified for this purpose, if
avai1able. Howover/ the owner of the animal may request
permission from the Local Health Authority for home
quarantine if the Following criteria can be met:
(a) Secure facilities most be available at the home of
the animal's owner, and must be approved by the
Local Health Authority.
(b) The animal is currently vaccinated against rabies"
(L) The Animal Control Officer, Local Health Authority
or licpnsed veterinarian must observe the animal at
leent on the first and last days of the quarantine
period" If the animal becomes ill during the
observation period, the Local health Authority must
be notified by the person having Possession of the
animal. At the end OF the observation period, the
release from quarantine must be accomplished in
writing.
(d) The animal was not in violation of any laws at the
°
time of the bite,.
(e) If the biting animal cannot be maintained in secure
quarantine, if shall he humanely destroyed and the
brain submitted to a TDH certified laboratory for
rabies diagnosis,,
2^ It shall be unlawful for any parson to interrupt the ten
(10) day observation period"
3. No wild animal will be placed in quarantine. All wild
animals involved in biting incidents will be humanely
killed in such a manner that the brain is not mutilated.
The brain shall be submitted to a TDH certified
laboratory for rahiov diagnosis.
1. No owner shall have within the city any dog or oat four
(4) months of age or older unluss such dog or cat is
currently registered with Animal Control. A current
Mal registration certificate issued by Animal Control,
or a veterinarian authorized by Anima] Control to issue
the certificate, must be affixed to a collar or harness
that must he worn by the dog or rat at all times" No
dog or cat shall be re4iotered until it has a currant
vaccination"
(a) Application for initial issuance or renewal of each
registration must he made by the owner in writing
or in person, and he accompanied by a fee of Three
Dollars ($3"001, if the cat or dog being registered
has been neutered or spayed and proof of such
surgical sterilization can be shown to an Animal
Control Officer or a veterinarian authorized to
isssv such reQWratiunu, the fee will then be Ono
Dollar ($1"00)" Dogs and cats under the age of one
(1) year shall be registered at the sterilized feo"
Animals may be exempted from the sterilization
provision upon written recommendation from a
veterinarian that such alteration would be harmful
or dangernun to the animal"
(b> Registration certificates shall be renewed
annually" The registration period will be from
January 1 to December 31" Certificates for the new
period shall be available fur sale at least thirty
(30) days in advance of and sixty <60) days
following Jaiuury 1st and shall constitute a valid
registration upon issuance.
-- (c) Registration and/or vaccination certificates (and
tags) shall be valid only for the animal for which
it was originally issued.
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(d) If there is a change in ownership of a registered
dog or cat, the new owner may have the registration
transferred to hin name" There shall be no charge
for said transPe/. Application for such transfer
shall be made to Animal Control in writing or in
oerson^
(e) Fee exempt registrations may be issued for the
following::
L Police or sheriff's department dog; and,
2^ Dogs trained to assist the audio or visually
impaired person.
Eligibility for fee—exempt registration does nut
relieve the owner of his responsibility under other,
provisions of this chapter.
([> Veterinarians authorized by Animal Control to issue
animal registration certificates may retain One
Dollar ($1.00) of the registration fee for every
animal registered in accordance with this
Ordinance.
2" The Supervisor of Animal Control may refuse to register
a cat or dug, or rwyoke a permit issued to any person
who has been coovic%ed in any duly authorized court of
jurisdiction in the State of Texas, or resides with any
person to convicted of any of the following:
(at Cruelty to animals as defined in the Texas Penal
Code, Article 42^11, inhumane treatment, or
neyliSence to ao animal; and,
<b> Conviction of rnyr (4) or more separate mud
distinct violations of an animal control ordinance
of a municipality in the State of Texas within any
twelve (12) month period^
Any person denied such a registration may appeal the
refusal of the City Cnoncil,
The City Council shall uphold, overturn, or modify the
Supervisor of Animal Cuntro)vs refusal to issue a
registration certificate.
3^ Every person have care, control or custody of any dug
that has received guard dog training most register such
dog with the Supervisor of Animal Control. Any dog
— which has reccived guard dog training may be destroyed
when such dog is fuvnd running at large. The owners ur
keepers of guard dogs shall be subject to the other
provisions of this sertion. An 11) collar identifying
the dog as a guard dog must be worn at all times and the
dug must wear a muzWe when out of confinement.
AWon.
1. It Wall be unlawful for any dug or other aniwal
pessew,eU, kept or harbored, other than a cat, to run at
large as is defined in Section 1.11 of this Ordinance"
2. The Animal Control Officer is authorized to impound such
animals rvnni:g at largev other than a cat, and may
impound a cat under conditions specified in Section 10
OF this Ordinance, or when he has received a complaint
that the cat has caused a nuisance or hazard to the
health or welfare of human or animal population.
WINE A GUAM, Nmlymnw.
1" The keeping of any aoimalv which, by causing frequent or
long continued barking, cry or noise that shall disturb
any person of ordinary sensibilitiep in the vicinity is
prohibited,
�N�� 2. The keeping of any animal in such a manner as to
���� endanger the public hnalth; to annoy neighbors by the
accumulation of animal wastes which cause foul and
offpnyivu Odors, or are considered to bp a hazard to any
other animal or human being; or by continued presence un
the premises of another in prohibited.
J. Animal pens, stablrs up enclosures in which any animal
may be kppt or conFined that have became offensive to a
parson of ordinary sensitivities are prohibited.
4. The keeping of bees in such a manner as to deny the
lawful use of adjacent property or endanger personal
health and welfare is prohibited"
RMIDN' UK, MUMMA 9=111-
1, It shall be unlawful For any person so sell, offer for
sale, barter, or give away as toys, premiums or
novelties, baby chickans, ducklings, or other fowl under
t|/rev (3) days uld; and rabbits under (4) weeks oldi
sa]e of such animals for agricultural purposes is exempt
from this provisiun"
2^ It shall be unlawful to color, dye, stain, or otherwise
change the natural color of any chickens, ducklings,
other fowl, or rabbits, or to pussess for the purpose of'
sale or to be given away, any of the above—mentioned
animals which have been so colored"
3" It shall be unlawful to keep and/or sell any wild
animals i^sldc the City"
�,C]��U� !1,s. YiMMA NAVA.
1. Any vicious animal Found running at large may be
destroyed by any peace officer or Animal Control Officar
in the interest of pubic safety"
21 The AMM Control OFficer way order any owner or person
having care, control, or custody of any vicious animal
to take such animal permanently From the City. This
animal must be removed immediately following receipt of
such .~ urdvr, ev*n if an appeal is initiated, This
order may he appealed in writing within ten (10) days to
the City Council, Ths City Council may uphold, reverse
or modify the Animal Control Officer's order, and may
stipulate restrictions on the animal as a condition to
u]lowixg the animal to remain in the City. If the City
Council upholds the Animal Control Officer's order, the
owner or person having care, control or custody shall
net bring the animal back inside the city limits.
3. If the owner or person having ,are, custody or control
of a vicious animal Fails to remove such animal as
provided for in Gobsectinn ? of thio sextionv such
animal may he impounded and/or destroyed.
4. The owner ur person having care, custody or control of a
v!Qio^s animul must reprrt the dispouitiun and
r*locatiur` of such animal to the Animal Control Officer
in writing within Wo (10) days after the expiration
Me for removal of such animal from the city. Each day
t|`er,aFter such information is not provided shall
constitute u separate offense"
5. The Animal Control Officer shall be authorized ts searQh
the premises if there is reason to believe that ao
animal ordered removed from the city for being vicious
has not bceo mu removed.
1" The following ^ni|/a1s way be impounded
(a) Cat* and duys not exhib1[ing evidence of being
vaccinated on registered as described in Section 51
(h) Any animal infected with rabies or kept under
conditiuns that could endanger the public or animal
health;
<a> Any animal that creates a nuisance, as defined in
Section 7;
I 1I
M
(d) Any aan.imal found running at large, as described in
aer.t i ore 6;
(e) Any animal treated in as manner determined by an
Animal Control. Officer to be cruel and inhumane;
(f) Any animal that has bitten a human being or needs
to be placed under observation for rabies;
determination, as determined by an Animal Control
Officer;
(rg) Any animal violating any provisions of this
ordinance.
2. If any of the animals named in this Ordinance are found
upon the premises of any person, the owner or occupant
of the premise, shall have the right: to confine such
animal in a humane manner until he can notify can Animal
Control Officer to retrieve the animal for :impoundment.
When so notified, it shall be the duty of the Animal
Control Officer to impound such animal as heroin
provided.
3. Reasonable effort 'shaall be made by an Animal Control.
Officer to contact the owner of any animal impounded
that is wearing a current registration tag; however,
final responsibility ferr location of an impounded
animal is that: of the owner.
4. The owner can resume possession of any impounded animal
upon payment oF impoundment fees, handling fees and any
veterinarian bills incurred by Animal Control for the
welfare of the animal, and upon compliance with
vaccination and registration provisions of this code,,'
except where prohibited in Subsection 5 and 6 of this
section.
i. Disposition of animals impounded on the grounds of cruel
or inhumane treatment shall be determined by the court
of jurisdiction.
6. 1F any animal is being held in quarantine or observation
for rabies, the owner shall not be entitled to
possession until. it has been released from quarantine.
7. The City Council shaal.l select and establish a place; for,
impounding animals under any provisions of this
Ordinance.
H. Any animal not reclaimed by the owner may be humanely
euthani.zed after being impounded for three (3) working
doyCs,, except that any animal wearing a Current
registration certificate tag shall be impounded for not
•
•
0
les: than six (F) days.
�?. Any impounded vicious or wild animal, unless there is
reason to believo it; has an owner, may be immediately
disposed of as may be deemed appropriate by the Animal
Control. Officer.
10. Any nursing baby animal impcu-nded without it's mother,
or where the mother cannot or refuses to provide
nutritious milk, may be immediately enthanized to
prevent further suffering.
11. Any impounded dog or cat not wearing a registration
certificate tag may he given up for adoption after three
(3) working days of impoundment, except 'tho'se under,
quarantine. Any impounded dog or cat wearing a current;
registration tag may be given up for adoption an the
seventh (7th) day of confinement, if the rightful owner
appears for his cat or dog within thirty C30) days of
said dog or cat's adoption, he may redeem the animal by
paying the adaptor all documented expenses incurred faar.
the ;.animal.
12. An owner who no longer wishes responsibility for an
animal., or believes, the animal to be in an ill or,
injured condition may sign a written waiver au-appl.ied by
Animal Control allowing the animal to be immediately
euthanized in ..a Fu -mane manner, providing that no warm—
blooded animal that has bitten a human being shall be
euthanized before expiration of the ten (10) day
quarantine period.
13. Any impounded animal that appears to be suffering from
extreme injury or illness may be euthanized or given to
a non -"'profit humane organization for the purposes of
veterinary rare, as determined by the Animal Control.
Officer.
i... G;laasfa Fl„ Dogs and uats:, :impoundment fees; for each dog
or�cat;^spayed or neutered (sterilized) shall be as
follows"
19 hjJ_-)HIER
$27„ 30
;,."IN Uyl A L
$65.00
;3r2D. IMS!. it[
1._ MGNiL >,
$102.:x0
Lffl-i WE". IN
;U_MONY1I I
$140. 00
Impoundment fees for each dog or cat unspayed or
unneutered (if proof of surgical sterilization is
provided within fifteen (15) days from the date an
0
all 1mal is impounded, the difference in impoundment and
other fees between sterilization and unsteri1ization
will be refunded), shall be as follows:
1.8",Ij(lf:/IN2NDIMPJ� 3���Jl4��J1N �]�fIMPJ«�
$37"50 $75.00 $112,50 $150,00
Dogs and cats under the age of one (1) year shall be
charged the sterilized animal fee" Animals may be
exempted from steriliZ.atinn upon wribten recommendat:i.on
fro In a 11censed vmterinariau that such alternatjves
would be harmful or dangerous to the animal. Owners of
these animals are to be subject to the lower impoundment
foe.
2.C I il
B�Small liveutock shall include K.1oats, sheepv
lambs, swine; calves, foals and animals of the uame
approximate size and weight. Fees shall be set by the
Cuunty in accordance with the Texas Estray not.
��� 3. [�l��-� C�� Large livestock ohall inolude catt1e, hu�`ses,
��~ poll 10'." moIesv i'mnd animals a the yamm upproximnte size
and weights" Fees s�>all he yet by the Coynty in
accordance with the Texas Estray Act.
Pnimals not liyted he``ein abnve shall be
disposed of at the discretion of the Animal Control
Division.
5" A daily handling for every day, or
fraction thereof, that an animal is at th* animal
d-1elter" Said fee sha]l be based upon the class of
animal enumerated in (A) above" Class A animals shall
be cherged Three Dollars <$3.0cA> per day per animal and
Class D Animals shall be charged Five Dollars (1115^00)
per day per animal. (Class B and Class C anjmals are
impvxnded by the County in accordancewith the Texas
Fstray Act"
6. The owner of any Class A animal held in quarantine for
observation purposes shall be charged Five Dollars
for each day or fraction of a day an animal is
at thp animal shelter" The owner of a Class D animal
shall he charQed Ten Dollars ($10.00) For each day or
fraction of a day the animal 1s quarantined at the
animal shelter. This is JAI addition to impoundment and
daily handling fees.,
SEPLMN
Adoption of a doll or cat from the animal shelter may take
place under the following conditions:
1.,. The animal haw been classified as adaptable by the
Animal Control Officer;
r.:.. The prospective aadoptor has proper facilities for the
care of the animal, and shall certify same;
3. The Prospective adaptor" obtains ail.l necessary
vaccinations and r'egistr'atio'nsl and,
4. The Prospective ;adaptor pay's the adoption 'fee of thirty
Dollars ($30.00) per animal. The purchaser of any dog
Or cat who has the animal vaccinated, splayed or neutered
.;and obtains a registration cer'tif'icate within thirty
(30) days after purchase shall be 'r'efunded the adoption
fee upon Presentation of appropriate documen'ta'tion; and,
3,. The "Supervisor of Animal Control shaal.l, refusc.,
to allow a
pepson to 4:U.Iopt a dog or cat from the animal s>helter
when the Supervisor has reason to believe that person
would be unable to obtain a registration certificate
under this Ordinance, would not have proper facilities
S or case e of the .animal, wants the animal for purposes of
resale or purposes other than pet ownership, would not:
be a suitable owner within the sole discretion of the
Supervisor of Animal Control, or that the animal would
be a hazard to humans or other animals in the opinion of
the Supervisor of Animal Control.
IKLM__,_, S:?,. 4lrrlmal. G)wraer :tLUP. I im_;taat' ol'i,
From and after the effective date of this Ordinance, it shall,
be unlawful for any person, firm or corporation to keep or,
harbor more than three (;:) doffs or more than three (:i) cats
over the age of sin (65) months; in any one household within
the city l.im:itrr, provided, however, that this section shall.
not apply when such animals are kept within an enclosure, no
part of which is within fifty 'feet (3 01) of the residence of
any parson other than the owner of the animals;.
L3 "Cl.l..' Q0I i. 5•^ Li.y..i2.a:L halo
1. It shall be unlawful for any person to keep any swine
within the city limits except in as atoning district in
which a stockyard or %taible is permitted.
2. Ii. shall be unrlawful for any person to keep a cow or,
horse on any promises, the overall area of which is Less
• than one—third (1/3) of an acre for each cow or,
hurue kepi:, or to keep labra:' than Can be Eared for under
sanitary conditions and not Create a nuisance, and, in
no event, exceed the permi't'ted number of adults, and
E
their foals or calves up to six (6) months of age. The
number of cows or horses permitted shall not exceed one
(1) adult per one—third (1/3) of an acre for the first
acre, and two (2) adults per acre for each additional
acre uver two (2) acres of a single tract oF land" The
Persons in lawful possession of the premises, as owner
or tenant, may keep thereon cows and horses belonging to
nthersv but limitation to number of cows or horses on
the premises and the area and distance requirements uf
this section shall no be done as a commercial business
in violation of the zoning ordinance.
3" Any enclosure, pen, corral, or other restrictive area
for small livestock shall consist of a solid wall
stretching from the ground to at least four <4> feet in
height, that does not sway or give way when tested by a/
Animal Control Officer; or shall consist of a fence.
Such fence must have at least sixteen (16) gauge wire
arranged in a grid pattern (hogwire) with the maximum
size of any grid in the wire being seven and one—half
inches (7-1/2'') by twelve inches (12»). The wire
Pattern must stretch continuously from the ground to at
least thirty—two (32) inches above the ground" Above
this wire pattern must be stretched tautly at least two
(2) strands OF at least sixteen (16) gauge wire with at
least one of these strands at least four feet <41> above
the ground. The maximum distance allowed between fence
posts Wall be fifteen (151) feet, The fence posts must
not sway more than six inches (6») when tested by an
Animal Control Officer, Trees may not be used as fence
posts.
Gates for small livestock enclosures shall be mounted or
hinges to a solid wall or fence post and stretch from
the ground to at least four feet (4'/) above the ground.
Such a gate must connect with another fence pout or wall
in such a manner that small livestock cannot pass
through it, and the gate itself must be constructed so
that there is not an opening in it larger than seven and
one—half inches (7~1/2") by twelve inches (12'/), Such
gates must have a latch or chain attached capable
off keeping the gate closed when tested by an Animal
Control Officer.
4^ Any enclosure, pen, corral or restrictive area for large
livestock shall consist uf a solid wall stretching from
the ground to at least four feet (4») above the ground^
that does not sway or give way when tested by an Animal
Control Officer; or shall consist of a fence. Such
��� fence must have at least sixteen (16) gauge wire
��� stretched tautly between fence posts. Such fence shall
-- have at least four (4) strands of wire with one strand
uoe foot (1") above the ground and one strand at least
four feet (4") above the ground, with the other two
strands uniformly spaced between the top and bmttum
strands. The maximaa &stance between fence posts shall
be fifteen f°et (151)^ The fence posts must not sway
mcre than six (6) inches when tested by an Animal
Control Officer, Trees may not be used as fence posts.
Gates for large livestock shall be mounted on hinges to
a solid wall or fence and stretch from one foot (11)
above the ground to at least four feet (41) above the
ground. Such a gate most connect to another fence post
vr *olid wall in such a manner that large livestock
cannot pass through it, and the gate itself must be
constructed so that there is not an opening in it large
enough for large livestock to paus through. Such gates
must have a latch or chain attached capable of keeping
the gate closed when tested by an Animal Control
Officer.
5. When small and large livestock are kept together, the
standards for small livestock must be met.
G. It shall be unlawful for any person, firm or corporation
to keep on promises under his or its control, within the
uity limits, any small or large livestock in such a
��
���V manner that the livestock will be quartered closer than
�w� cne hundred and fifty feet (150') from any human living
quarters, other than the living quarters of the owner,
or keeper.
7. Male equines, including, but not limited to, horses
capable of breeding, will be confined in such a manner
that said animal will not be dangerous to human beings,
and all breeding shall be under the control of the owner
or handler"
Except for exotic birds not raised, kept or harbored for
commercial porpusevv, it shall be unlawful for any person
firm or corporation to maintain own or control '
within the city limits of the City
anyPrem
ty of Anna where more
isesan
°"
aggregate of twelve (13) fowl are kept or harbored in :n
enclosure. Provided further, however, that not more than
one—fourth (1/4th) of the maximum allowable number of such
animals may be of the male of the species.
'/One enclosure" as that term is used herein shall be held to
mean any and all connected buildings, whether under one ruuf
vr otherwise, and buildings, whether under one roof or
otherwiLe/ and buildings and sheds which may have entranurs
to the same or adjoining lot or lots with a gateway or other
opening between them,
0
The owner or person in possession OF animals shall keep
yards, pens and enclosures in which such animals are confined
in such a manner as nut to give off odors offensive to
persons of ordinary sen5ikilitjes residing in the vicinity or
to breed or to attract fliusv mosquitoes or other noxious
inseUs, or in any manner, to endanger the public health or
safety, nr create a public nuisance.
All persons keeping such animals shall comply with the
follawjng reQ"lat1ons4
1" Manure and droppings shall be removed frum pens,
stables, yards, cages/ and other enclosures as necessary
to maintain sanitary conditions and handled or disposed
of in such manner as to keep the premises free of any
nuisances.
2~ Mound Ltorage of droppings or manure between such
reuuvals shall be permitted only under conditions as to
Protect against the breeding of flies and to prevent
migration of fly larvae (maggots) into the surrounding
soil"
The feeding of vegetables, meat scraps or garbage shall
be done only in impervious containers or on an
impervious platform.
4" Watering trcughs nr tanks shall be provided that are
equipped with adequate facilities for draining the
overflow so as to prevent the breeding of flies;
mosquitoes and other insects.,
5,
No putrescible materia] shall be allowed to accumulate
an the promises, and all such material used to feed that
is uncuusumed shall be removed and disposed of by burial
o.` other sanitary means.
G. Any pen or enclosure shall be maintained in such a
manner as to be not less than fifty feet (501) from any
adjoining residentially zoned property"
The following are established as guidelines for pet and
animal care and nut intended to contravene with the
provisions for animal cruelty as contained in the Texas Pyna1
Code"
1.
No owner shall fail to provide his animal(s) with
sufficient good whVesome food and water, proper shelter
and protection from the weather, veterinary care whenneeded to prevent sufferingv and with humane care and
treatmcnt.
0
r::. No i:ar:*i urt;'; sh.a7..f beat, cruelly a l l-'Lrur,xt, torment,
ovorload, overwork, or otherwise abuse all animal; or
cause, instigate or permit any dogfight, co'akfight,
bullfight, or other combat between animals or between
ani.m;als and hsmrarra.
3. No owner of an Bani.rllal shall abandon such animal.
fir. Any person, who, as the operator of a motor" vehic.7.r?,
striWes a domestic animal, shall stop at once and rendel
such r'rssi3t<ance as may be possible and shall immediately
repoot- such injury or death to the animal's owner; in
the event the owner cannot he ascertained and located,
nuchi operator shalll at once report: the accident to the
appropriate law enforcement agency.
5. The use of steel jaw traps shall be prohibited.
1. Enforcement of this ordinance shall be the,
recPonsibility of thc• local Health Authority or Mn
Animal Control Of P.i.cae•'r.
2. The l.or.al. Health Authority or, Animal. Control Officer
^.`hial.l. have the authority to issue citations for any
violation of this Ordinance.
?„ If the person being cited :is not present, the locall.
Health Authority or Animal Control Officer may send the
citation to the alleged offender by registered or
certified mail..
4. It shall be .nlaw'ful. for any person to interfere with
the local Health Anthrori.ty or Animal Control Officer Q
the performance of his duties.
`i. Thu loc:al. Health Authority and An:i.mal. Control Officer
are given the right to go onto any private property in
the City of Anna:; for the purpose of determining whether
or not any i:animaal kept or harbored is in violation of
any terms of this ordinance.
l:h C_"f I C]N, 1,`l,•,,, �',er,,„.;� 1 h_y�
Any person who violates any Of the provisions of this
ordinance e;htal.l be guilty of as misdemeanor and upon
conviction in the court of jurisdiction shall be absus5ed as
fine not to exceed the maximum as prescribed by law and each
•and every day that: the same: shall continue shall constitute iai
separate and distinct offense.
.... r N :. ryp c iV alr to (�7 ilr Cr
It in |'erehy declared to be the intention of the City Council
of the City or Anna that the snrtionsv paragraphs, sentences,
clausen and phraueu of this ordinance are severable; and if
any phrasc, clause, sentence, paragraph or section of this
ordinance chall be declared unconstitutional, such
unconstitutiunality or invalidity shall not affect any of the
remaining phrases, clauses, sentencesv paragraphs or sections
of the ordinance since the same would have been enacted by
the City Council without the incorporation in this ordinance
or any juch unconstitutional or invalid phrase, clause,
sentence, paragraph or section.,
gin
H]l ordinances ur parts of ordinances found to be in conflict
with the provisions or this ordinance are hereby repealed to
the extent of such conflict.
=119H 99, KC� Ql.dq
The caption of this ordinance shall he published one (1) time
in a newspaper having genera] circulation in the City of
Anna, ond shall immediately become effective upon its
adoption acd such publication,
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
ANN9, TEXAS, ON THIS TIM _2jj0>AY OF 1993^
ATTEST:
CITY SECRETARY