HomeMy WebLinkAboutOrd 363-2008 Animal Control Ordinance.pdfORDINANCE NO. 263-2008
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS,
REPEALING ORDINANCE NO. 106-86, 95-19, AND 2002-02 IN THEIR ENTIRETY;
ESTABLISHING COMPREHENSIVE RULES AND REGULATIONS RELATING TO
THE CONTROL OF ANIMALS; PROVIDING FOR DEFINITIONS; PROVIDING FOR
RABIES CONTROL; PROVIDING FOR HUMANS BITTEN OR SCRATCHED BY
ANIMALS SUSCEPTIBLE TO RABIES; PROVIDING FOR QUARANTINE
PROCEDURES FOR BITINGISCRATCHING ANIMALS; PROVIDING FOR ANIMALS
AT LARGE; PROVIDING FOR RESTRAINT REQUIREMENTS, PROVIDING FOR
ANIMAL NUISANCES; PROVIDING FOR PROHIBITION OF CERTAIN ANIMALS;
PROVIDING FOR REQUIREMENTS FOR DANGEROUS ANIMALS; PROVIDING FOR
IMPOUNDMENT OF ANIMALS; PROVIDING FOR ANIMAL OWNERSHIP
LIMITATION; PROVIDING FOR REQUIREMENTS OF LIVESTOCK; PROVIDING FOR
REQUIREMENTS OF CERTAIN FOWL; PROVIDING FOR PROTECTION OF
ANIMALS; PROVIDING FOR TREATMENT OF ANIMALS; PROVIDING FOR
SANITARY CONDITIONS; PROVIDING FOR TRAPS; PROVIDING FOR
ENFORCEMENT AND A MAXIMUM FINE OF $2,000 AS PENALTY FOR THE
VIOLATION OF THIS ORDINANCE; PROVIDING FOR SAVINGS, REPEALING AND
SEVERABILITY CLAUSES; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF AND EFFECTIVE DATE.
WHEREAS, the City Council of the City of Anna, Texas ("City Council") has investigated
and determined that it would be advantageous and beneficial to the City of Anna, Texas
("Anna) and its citizens to establish comprehensive rules and regulations for Animal
control in Anna, and
WHEREAS, the City Council has further investigated and determined that it would be
advantageous and beneficial to the citizens of Anna to repeal Ordinance Nos. 106-86,
95-19, and 2002-02 in their entirety; and
WHEREAS, the City Council has further investigated and determined that it would be
advantageous and beneficial to the citizens of Anna to contract with Collin County
Animal Services for the purpose of Animal control and sheltering; and
WHEREAS, the City Council finds and determines that it will be advantageous,
beneficial and in the best interest of the public health, safety and welfare to adopt this
ordinance in order to provide for comprehensive rules and regulations for Animal control
in Anna; and
WHEREAS, the City Council finds that all legal notices, hearings, procedures and
publishing requirements for this ordinance, if any were required, have been performed
and completed in the manner and form set forth by law; now therefore,
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS:
CITYOF ANNA, TEXAS..................................................................................................1
TABLE OF CONTENTS... ........ ....... - ................ ............ -- ......... --- ..... ........ -- .....
2
Section1.
Definitions.................................................................................................3
Section 2.
Rabies Control ................................ ..... .... ........... ...... ............ ............. ......8
2.01
Vaccination of Animals Capable of Transmitting Rabies ...........................8
2.02
Certificate of Vaccination..........................................................................9
2.03
Confidentiality of Certain Information in Rabies Vaccination Certificate;
CriminalPenalty..... ............... ................................... .......................... -
... 9
2.04
Rabies Tags............................................................................................10
2.05
Duplicate Rabies Tags............................................................................10
2.06
Proof of Vaccination.... ...... - ....... -- ....... - ................ - ....... ........ - ............
10
2.07
Vaccination; Criminal Penalty. .................................. - .................. - ........
10
2.08
Use and Sale of Rabies Vaccine.............................................................11
2.09
Use and Sale of Rabies Vaccine; Criminal Penalty.................................11
2.10
Animals Exposed to Rabies.... .......... -- ...... .......... ......
11
Section 3.
Humans Bitten or Scratched by Animals Susceptible to Rabies .............12
3.01
Reporting Requirements.........................................................................12
3.02
Quarantine..............................................................................................12
3.03
Investigation............................................................................................13
3.04
Exclusion.................................................................................................13
Section 4.
Animals At Large; Restraint Requirements..................._........................13
4.01
Prohibition. .. ........ ................ - ................. - ......... - .... - ......... - ..... - ......
13
4.02
Authority of Animal Control Officer . .... ....... ............. ... ...... ........................
13
4.03
Restraint; Criminal Penalty......................................................................14
Section 5.
Animal Nuisances...................................................................................14
Section 6.
Prohibition of Certain Animals.................................................................15
6.01
Prohibition...............................................................................................15
6.02
Search and Seizure.................................................................................16
Section 7.
Requirements for Dangerous Animals....................................................16
7.01
Dangerous Wild Animals Prohibited Within City. ............ .... - ............ - ...
16
7.02
Exemptions.............................................................................................16
7.03
Seizure of a Dog Causing Death or Serious Bodily Injury to a Person ....
17
7.04
Hearing...................................................................................................17
7.05
Destruction of Dog. ..................................... - ................. ....... -- ...
18
7.06
Provocation or Location of Attack Irrelevant.. ... - ..... ............................ -19
7.07
Dogs and Coyotes that are a Danger to Animals....................................19
7.08
Determination That Dog Is Dangerous....................................................20
7.09
Requirements for Owner of Dangerous Dog...........................................20
7.10
Inspection................................................................................................21
7.11
Relocation or Disposition of Animal, ....... - .......... ..... -- ........ - ....... . .....
22
7.12
Attack by Animal; Escape of Animal; Liability..........................................22
Ord. No. 263-2008 Animal Control.doc 2 02-12-08
7.13 Powers and Duties of Board; Caging Requirements and Standards .......
22
7.14 Care, Treatment, and Transportation of Animal......................................23
7.15 Injunction... ..... __ ............. _ ...... - .... __ ..... _ ....... _ .............. __ ..... __ .... _24
7.16 Applicability of Section............................................................................24
7.17 Two -Bite Rule. ... ........... __ ... - . . ....... ..... - ........ ................. ....... ........ _25
Section 8. Impoundment..........................................................................................25
8.01 In General...............................................................................................25
8.02 Impoundment Fees... ...... .............. ....... _ ....... _ ........
27
Section 9. Animal Ownership Limitation... ....... - ....... ...............................................
29
Section 10. Requirements of Livestock......................................................................29
10.01 Swine... ....... __ ................ .... _ ....... - ....... ........................... ....... ........ _29
10.02 Cattle and Equine...................................................................................29
10.03 Holding Areas for Small Livestock and/or Large Livestock. . ....... ........ _29
10.04 Proximity of Livestock Areas. ..... _ ..... . - .... _ ................. ..... - ....... __ .....
30
10.05 Confine of Male Horses...........................................................................30
Section 11. Requirements of Certain Fowl.................................................................30
Section 12. Protection of Animals..............................................................................30
12.01 Baby Fowl. . . . . ..... _ ............... _ ....... ................................... __ ..... _ .......
30
12.02 Change of Color of Certain Animals ..... ........ ......... ... ....... ................... ....
30
12.03 Animals as Prizes or Inducements. .. ....... ......... ........ _ ....... _.__31
Section 13. Treatment of Animals.. ... ........... ..... __ .....................
31
Section 14. Sanitary Conditions.................................................................................32
Section15. Traps.......................................................................................................33
Section 16. Penalty for the Violation of this Ordinance..............................................34
Section 17. Savings, Repealing and Severability Clauses.........................................35
Section 18. Publication of the Caption Hereof and Effective Date .............................35
Section 1. Definitions
For the purposes of this ordinance, when not inconsistent with the content, words used
in the present tense include the future tense, words in the plural include the singular,
and words in the singular include the plural, and the use of any gender shall be
applicable to all genders whenever the sense requires. Words not defined in this
Section shall be given their common and ordinary meaning.
Animal. Any live, vertebrate creature, Domestic or wild, including but not limited to,
Dogs, Cats, pigs, horses, birds, fish, mammals, reptiles, fowl, and Livestock, but
specifically excluding human beings.
Animal Control Authority. Collin County Animal Control Authority or another municipal
or
county animal control office with authority over the area in which the Animal is kept or
the county sheriff in the area that does not have an animal control office.
Animal Control Officer. Any Person(s) designated by the City Council or City Manager,
through written agreement or otherwise, to enforce the provisions of this ordinance and
who is authorized to receive reports of Animal bites, investigate bite reports, administer
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Euthanasia, ensure Quarantine of suspect rabid Animals, and otherwise carry out
provisions of Anna laws and State of Texas laws relating to Animals, including, without
limitation, Rabies control and eradication.
Animal Nuisance. Any Animal which physically molests passers-by or passing vehicles;
attacks other Animals or Persons, trespasses on school grounds; roams At Large;
damages public or private property; or creates a noise disturbance in an excessive,
continuous or untimely fashion.
Animal Registration Agency. Any entity requiring registration of animals including Collin
County Animal Control Authority or another municipal or county animal control office
with authority over the area where a dangerous wild Animal is kept or a county sheriff in
an area that does not have an animal control office.
Animal Shelter. A facility operated by the Collin County Animal Control Authority or the
City or its agents or designees for the purpose of impounding or caring for Animals held
under the authority of this ordinance or State or Federal laws.
Assistance Animal or Therapy Animal. An Animal that is specially trained or equipped
to help a human being that is diagnosed by a licensed physician with a physical
challenge or emotional disorder. The licensed physician shall provide in writing to
Animal Control that removal of the Animal would be detrimental to the Person who
requires the Animal for assistance.
At Large. When an Animal, including fowl or Livestock, not in a Secure enclosure or not
completely confined by a building, wall, pen or fence of sufficient strength of
construction, to physically restrain the Animal on the premises behind the front building
line of the Owner or Custodian, or an Animal off the premises of the Owner or
Custodian that is not under the physical restraint of the Owner or Custodian or any other
Person authorized by the Owner to care for the Animal by leash, cord, chain, or rope.
Board. The appropriate Board or Council of the Texas Department of State Health
Services.
Cat. A domesticated Animal that is a member of the feline family; felis callus.
Commissioner. The Commissioner of the Texas Department of State Health Services.
Currently Vaccinated. Vaccinated and satisfying the following criteria:
(a) The Animal must have been at least four (4) months of age at the time of
vaccination.
(b) At least 30 days have elapsed since the initial vaccination.
(c) No more than 12 months have elapsed since the most recent vaccination.
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Custodian. Any Person or agency which feeds, shelters, Harbors, has possession or
control, or has the responsibility to control an Animal.
Dangerous dog. A dog that:
(a) makes an unprovoked attack on a Person that causes bodily injury and
occurs in a place other than an enclosure in which the dog was being kept
and that was reasonably certain to prevent the dog from leaving the enclosure
on its own; or
(b) commits unprovoked acts in a place other than an enclosure in which the dog
was being kept and that was reasonably certain to prevent the dog from
leaving the enclosure on its own and those acts cause a Person to
reasonably believe that the dog will attack and cause bodily injury to that
Person.
Dangerous wild animal. Means:
(a) a lion;
(b) a tiger;
(c) an ocelot;
(d) a cougar;
(e) a leopard;
(f) a cheetah;
(g) a jaguar;
(h) a bobcat;
(i) a lynx;
(j) a serval;
(k) a caracal;
(1) a hyena;
(m)a bear;
(n) a coyote;
(o) a jackal;
(p) a baboon;
(q) a chimpanzee;
(r) an orangutan;
(s) a gorilla; or
(t) any hybrid of an Animal listed in this subdivision.
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Department. The Texas Department of State Health Services Health.
Dog. A domesticated Animal that is a member of the canine family; or, canis familiaris
Domestic. Includes all domesticated species of Animals adapted to live in intimate
association with human beings of for the advantage of humans commonly accepted as
being domesticated.
DSHS. The Texas Department of State Health Services, Zoonosis Control Division, as
it currently exists or may be amended.
Epizootic. The occurrence in a given geographic area or population of cases of a
disease clearly in excess of the expected frequency.
Euthanasia. A humane, painless method to end life for suffering, injured, contagious, or
sick Animals or as required by any State or Federal law, as it currently exists or may be
amended.
Harbor. The act of keeping and raring for an Animal or of providing a premise or other
location to which the Animal returns for food, shelter or care for a period of three
consecutive days. This excludes the feeding of local or migratory birds (Domestic or
wild) on public or private property.
Impoundment. The seizing, taking, collecting, confining, or capturing of an Animal.
Kennel. Any premises wherein any Person engages in the business of boarding,
breeding, buying, letting for hire, training for a fee, or selling Pet Animals, except as
prohibited. Kennels are permitted only in zoning districts that allow that use.
Licensed Veterinarian. A Veterinarian licensed to practice veterinary medicine in one or
more of the 50 states.
Livestock. An Animal raised for human consumption or an equine Animal, including
exotic Livestock as defined by Section 161.001, Agricufture Code.
Large Livestock. Horses or any member of the domesticated horse family, including but
not limited to, mules, donkeys and ponies; all types and varieties of cattle; alpacas, and
other Animals of the same approximate size and weight deemed by Animal Control to
be Large Livestock.
Small Livestock. All types of domesticated swine (in excess of 125 pounds), sheep,
Iambs, goats, and other Animals of the same approximate size and weight or deemed
as such by Animal Control to be Small Livestock.
Low Risk Animals. Animals that have a low probability of transmitting Rabies, including,
but not limited to, rats, mice, squirrels, gophers, beavers, prairie dogs, muskrats, nutria,
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jackrabbits, cottontails, swamp rabbits, opossums, shrews, moles, armadillos, or any
Animals of the orders Rodentia, Lagomorpha, Didelphimorphia, Insectivora or
Xexnarthra.
LHA. Local Health Authority.
LRCA. Local Rabies Control Authority (LRCA). The Supervisor of Animal Control shall
serve as the LRCA. He/she shall be authorized to enforce this ordinance, receive
reports of Animal bites/scratches, investigate bite/scratch reports, ensure Quarantine of
possible rabid Animals, ensure Quarantine of biting/scratching Animals, and otherwise
carry out provisions of the Texas Health & Safety Code, Chapter 826, as it currently
exists or may be amended, to control and eradicate Rabies.
Owner. A Person who owns or has custody or control of the Animal; or, any Person
who owns, Harbors, or has custody or control of a Dangerous wild animal.
Person. An individual, partnership, corporation, trust, estate, joint stock company,
foundation, or association of the individuals.
Pet Animal. Includes Domestic Dogs, Domestic cats, Domestic ferrets, rabbits, rodents,
birds, reptiles, and any other species of Animal that are customarily sold or retained as
a household pet, but shall not include swine and wild Animals, such as among others,
skunks, squirrels, coyotes, foxes, opossums, bats, non -human primates, and any other
species of wild, poisonous or carnivorous Animal that may be further restricted in this
ordinance or regulated by any State or Federal law, as it exists or may be amended.
Police Dog. A Domestic Dog that is owned or employed by a governmental law
enforcement agency.
Primary enclosure. Any structure used to immediately restrict an Animal to a limited
amount of space, including a cage, pen, run, room, compartment, hutch, or structure
approved by the LRCA, or his/her designee.
Quarantine. Strict confinement of an Animal specified in an order of the Board or its
designee:
(a) on the private premises of the Animal Owner or at a facility approved by the
Board or its designee; and
(b) under restraint by closed cage or paddock or in any other manner approved by
Board rule.
Rabies. An acute viral disease of man and Animal affecting the central nervous system
and usually transmitted by an Animal bite.
Secure enclosure. A fenced area or structure that is:
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(c) locked;
(d) capable of preventing the entry of the general public, including children;
(e) capable of preventing the escape or release of a Dog;
(f) clearly marked as containing a Dangerous dog; and
(g) in conformance with the requirements for enclosures established by the Animal
Control Authority.
Serious Bodily Injury. An injury characterized by severe bite wounds or severe ripping
and tearing of muscle that would cause a reasonably prudent Person to seek treatment
from a medical professional and would require hospitalization without regard to whether
the Person actually sought medical treatment.
Stray Animal. Any Animal for which there is no identifiable Owner, Custodian, or
Harborer and/or is a public nuisance and may be impounded.
Supervisor of Animal Control. The Person designated by the City Manager to supervise
all aspects and operations of Animal Control.
Vaccinated. Properly injected with an approved Rabies vaccine licensed for use in that
species by the United States Department of Agriculture (USDA) and administered by a
Licensed Veterinarian.
Veterinarian. A Veterinarian licensed by the State Board of Veterinary Medical
Examiners to practice veterinary medicine in the State of Texas or a Person who
practices veterinary medicine on an installation of the armed forces or National Guard.
Section 2. Rabies Control
2.01 Vaccination of Animals Capable of Transmitting Rabies.
(a) Every Owner and/or Custodian of a Domestic Dog or Domestic Cat shall have
the Animal Vaccinated against Rabies by the time the Animal is four months of
age. All Animals shall be re -vaccinated at one year of age, and every year
thereafter with an approved Rabies vaccine. The owners of all animals capable
of transmitting rabies shall have such animals vaccinated against rabies by the
time the animal is four months of age, a booster within 12 months following the
initial vaccination, and once every 36 months thereafter or as prescribed by the
state board of health against rabies with a vaccine approved by the United States
Department of Agriculture and administered by a licensed veterinarian, who shall
issue to the owner of the animal a vaccination certificate in accordance with this
section. The owner shall retain such certificate of the vaccination until the date of
its expiration.
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(b) Any Person moving into the Anna from a location outside of Anna shall comply
with this Section of this ordinance within 30 days after having moved into Anna.
If the Animal inflicted a bite and/or scratch on any Person or another Animal
within the last ten days, the Owner and/or Custodian of said Animal shall report
the bite and/or scratch incident to Animal Control. No Rabies vaccine shall be
administered during the 240 hour Observation Period until the 240 hour
Observation Period is concluded per State Law, as it exists or may be amended.
2.02 Certificate of Vaccination.
(a) Upon vaccination with an approved Rabies vaccine, the Veterinarian shall
execute and furnish to the Owner of the Animal 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:
(1) the current name, address and telephone number of the Owner of the
Vaccinated Animal;
(2) the date of vaccination;
(3) the date vaccination expires (re -vaccination due date);
(4) the type of Rabies vaccine used, expiration date, and serial number;
(5) the year and number of Rabies tag to be worn by Animal at all times;
(6) the breed, age, color, and sex of the Vaccinated Animal; and
(7) the Veterinarian's signature or signature stamp and license number.
2.03 Confidentiality of Certain Information in Rabies Vaccination Certificate;
Criminal Penalty.
(a) Information contained in a Rabies vaccination certificate or in any record
compiled from the information contained in one or more certificates that identifies
or tends to identify an Owner or an address, telephone number, or other
personally identifying information of an Owner of a Vaccinated Animal is
confidential and not subject to disclosure under Chapter 552, Government Code.
(b) The information may be disclosed only to a governmental entity for purposes
related to the protection of public health and safety. A governmental entity that
receives the information, including a county or municipality that registers Dogs
and Cats including a county or municipality that registers Dogs and Cats, must
maintain the confidentiality of the information, may not disclose the information
under Chapter 552, Government Code, and may not use the information for a
purpose that does not directly relate to the protection of public health and safety.
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(c) A Person commits an offense if the Person distributes information that is
confidential and is a misdemeanor punishable by:
(1) A fine of not more than $1,000;
(2) Confinement in the county jail for not more than 180 days; or
(3) Both the fine and confinement.
2.04 Rabies Tags.
Concurrent with the issuance and delivery of the certificate of Rabies vaccination
referred to, the Owner of the Animal shall cause to be attached to the collar or
harness of the Rabies Vaccinated Animal, a metal tag that is serially numbered
to correspond with the vaccination certificate number, and bearing the year of
issuance and the name of the issuing Veterinarian or Veterinarian's Clinic and
his/her telephone number. The Owner shall cause the collar or harness with the
attached Rabies vaccination metal tag to be worn by the Animal at all times.
Rabies vaccination certificates and tags shall be valid only for the Animal for
which it was originally issued.
2.05 Duplicate Rabies Tags.
In the event of loss or destruction of the original Rabies tag provided, the Owner
of the Animal shall obtain a duplicate Rabies tag from the Licensed Veterinarian
who originally Vaccinated the Animal. Duplicate Rabies vaccination certificates
and tags shall be valid only for the Animal for which it was originally issued.
2.06 Proof of Vaccination.
It shall be unlawful for any Person who owns or Harbors a Vaccinated Animal to
fail or refuse to exhibit his/her copy of the certificate of vaccination upon demand
to any Person charged with the enforcement of this ordinance.
2.07 Vaccination; Criminal Penalty.
(a) It shall be unlawful for any Person to Harbor any Animal that has not been
Vaccinated against Rabies, as provided herein, or that cannot be identified as
having a current Rabies vaccination certificate.
(b) An offense under this Section is a Class C misdemeanor.
(c) If on the trial of an offense under this Section the court finds that the Person
has been previously convicted of an offense under this Section, the offense is
a Class B misdemeanor.
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2.08 Use and Sale of Rabies Vaccine.
(a) Rabies vaccine for Animals may be administered only by or under the direct
supervision of a Veterinarian.
(b) A Veterinarian may not administer or directly supervise the administration of
Rabies vaccine in this state unless the Person is:
(1) Licensed by the State Board of Veterinary Medical Examiners to practice
veterinary medicine; or
(2) Practicing veterinary medicine on an installation of the armed forces or
National Guard.
(c) A Person may not sell or distribute Rabies vaccine for Animals to any Person
except a Licensed Veterinarian or to a Person working in a veterinary clinic who
accepts the vaccine on behalf of the Veterinarian.
(d) This Section does not prohibit a pharmacy licensed by the Texas State Board of
Veterinary Medical Examiners from selling or dispensing Rabies vaccine to an
individual with whom the Veterinarian has a Veterinarian -client -patient
relationship as described by Chapter 801, Occupations Code, for the sole
purpose of vaccinating that individual's own Livestock.
2.09 Use and Sale of Rabies Vaccine; Criminal Penalty.
(a) A Person commits an offense if the Person:
(1) Administers or attempts to administer Rabies vaccine in a manner not
authorized by this ordinance;
(2) Dispenses or attempts to dispense Rabies vaccine in a manner not
authorized by this ordinance; or
(3) Sells or distributes Rabies vaccine for Animals in violation of this
ordinance.
(b) An offense under this Section is a Class C misdemeanor.
2.10 Animals Exposed to Rabies.
Any Person having knowledge of the existence of any Domestic Animal known to
have been, or suspected of being, exposed to Rabies must immediately report
such knowledge to Animal Control, and the LRCA or his/her designee, and
provide 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:
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(a) Domestic Animals that have a current Rabies vaccination must be humanely
euthanized or re -vaccinated immediately and placed in strict isolation, at the
Owner's expense, in a Primary enclosure for observation according to the
method prescribed by the LRCA for a period of not less than 45 days or the
suspected Rabies carrier Animal is available for testing, is tested and the test has
returned a negative result for Rabies.
(b) Domestic Animals that do not have a current Rabies vaccination should be
humanely euthanized. However, if the Owner of such an Animal elects, he/she
may, at his/her expense and in a manner prescribed by the LRCA, Quarantine
said Animal in a Primary enclosure or the suspected Rabies carrier Animal is
available for testing, is tested and the test has returned a negative result for
Rabies. Such Animal must be Vaccinated immediately following exposure and
placed in strict isolation for not less than 90 days and given booster vaccinations
during the third and eighth weeks while in isolation during the observation period.
For young Animals, additional vaccinations may be necessary to ensure the
young Animal receives at least two vaccinations at or after the age prescribed by
the United States Department of Agriculture (USDA) for the vaccine
administered.
(c) This Section only applies to Domestic Animals for which an approved Rabies
vaccine is available.
(d) If a Licensed Veterinarian determines that a Quarantined Animal shows the
clinical signs of Rabies, the Veterinarian or Animal Control Authority shall
humanely euthanize the Animal. If an Animal dies or is euthanized while in
Quarantine, the Veterinarian or Animal Control Authority shall remove the head
of the Animal and submit it to the nearest Department laboratory for testing.
Section 3. Humans Bitten or Scratched by Animals Susceptible to Rabies
3.01 Reporting Requirements.
Any Person having knowledge of an Animal bite/scratch to a human being will
report the incident to Animal Control, the LRCA, and Local Health Authority
(LHA) as soon as possible, but not later than 24 hours from the time of the
incident This reporting requirement may not apply to bites/scratches inflicted by
Low Risk Animals.
3.02 Quarantine.
The Owner of the biting/scratching Animal may not vaccinate that Animal and
will place that Animal in a 240 hour Quarantine in a Primary enclosure for
observation commencing on the day of the biting/scratching incident under the
supervision of Animal Control and the LRCA, or his/her designee, at the Owner's
expense.
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3.03 Investigation.
Animal Control and the LRCA, or his/her designee, will investigate each bite
incident. All bites or scratches from Low Risk Animals may be investigated at the
discretion of the LRCA, the DSHS or other State or Federal Animal regulatory
authorities.
3.04 Exclusion.
Bites/scratches to human beings from rodents, moles, shrews, opossums,
armadillos, rabbits, birds, and all cold-blooded Animals are excluded from the
reporting requirements of this ordinance. Police Dogs are exempt from the
requirements of this ordinance, unless determined otherwise by a Licensed
Veterinarian or the LRCA, or his/her designee, but may be subject to Home
Quarantine.
Section 4. Animals At Large; Restraint Requirements
4.01 Prohibition.
(a) It shall be unlawful for any Owner, Custodian, or Harborer to allow any Domestic
Dog or other Animal possessed, kept, or Harbored, to roam At Large as defined
in this ordinance.
(1) Each Dog or Cat must be restrained by its Owner;
(2) Each stray Dog or Cat is declared a public nuisance;
(3) Each unrestrained Dog or Cat shall be detained or impounded by the
LRCA or that officer's designee;
(4) Each stray Dog or Cat be impounded for a period set by ordinance or
rule; and
(5) A humane disposition must be made of each unclaimed stray Dog or Cat
on the expiration of the required Impoundment period.
4.02 Authority of Animal Control Officer.
Animal Control Officers are authorized to pursue onto private and public property
and impound Animals that roam At Large, and may impound Animals At Large
under conditions specified in this ordinance, or when he/she has received a
Complaint that has caused a nuisance or hazard to the health, safety or welfare
of human beings or the Animal population.
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4.03 Restraint; Criminal Penalty.
(a) A Person commits an offense if:
(1) The Person fails or refuses to restrain a Dog or Cat owned by the
Person; and
(2) The Animal is required to be restrained under the ordinances or rules
adopted under this ordinance by a county or municipality within whose
jurisdiction the act occurs.
(b) An offense under this Section is a Class C misdemeanor.
Section S. Animal Nuisances
The following are determined to be unlawful public nuisances and are prohibited:
(a) The keeping of any Animal that physically molests passers-by or passing
vehicles, attacks other Animals, is not accompanied by a responsible Person
who maintains physical control over the Animal by leash, cord, rope or other
physical restraint device, trespasses on school grounds, and/or damages public
or private property.
(b) The keeping of bees in such a manner as to deny the lawful use of adjacent
property or endanger personal health, safety and welfare.
(c) Laxness in supervision of Cats.
(d) The keeping of any Animal(s) that causes frequent, excessive or long continuous
barking, whining, crying, meowing, howling, or other Animal -related noise that
interferes with public peace and comfort.
(e) Maintaining any Animal in such a manner or allow any pen, enclosure, yard or
similar place used for the keeping of Animals to become unsanitary, offensive by
reason of odor, offensive by lack of maintenance or creates a visual nuisance,
creates any favorable condition for any zoonotic diseases or any other diseases,
or creates any condition that is a breeding place for fleas, ticks or other vectors.
(f) Allowing excreta deposited by his/her Animal to remain on public or private
property or allowing any condition injurious to public health caused by the lack of
or improper disposal of Animal waste. Public property includes, but is not limited
to, walks, sidewalks, alleys, parks or recreation areas.
Ord. No. 263-2008 Animal Contmi.doc 14 02-12-08
Section 6. Prohibition of Certain Animals
6.01 Prohibition.
(a) An Owner shall not own, harbor, shelter, or have custody or control of a wild
Animal or other prohibited Animal for any purpose within the Anna City limits,
except as follows:
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Welfare Act (7 U.S.C. §2132), and its subsequent amendments, that is
licensed by the Secretary of Agriculture of the United States under that
Act;
(3) An organization that is an accredited member of the American Zoo and
Aquarium Association;
(4) An injured, infirmed, orphaned or abandoned wild Animal or other
prohibited Animal while being transported for care or treatment;
(5) An injured, infirmed, orphaned or abandoned wild Animal or other
prohibited Animal while being rehabilitated, treated or cared for by a
Licensed Veterinarian, an incorporated human society or Animal Shelter
or a Person that holds a rehabilitation permit issued under Subchapter C,
Chapter 43, Parks and Wildlife Code, and its subsequent amendments;
(6) A wild Animal or prohibited Animal owned by and in custody or control of
a duly permitted circus company if the Animal is used as any essential,
integral part of the circus performances;
(7) A wild Animal or prohibited Animal while in the temporary custody or
control of a duly permitted television or motion picture production
company during filming of a television or motion picture production in this
State; or
(8) A wild Animal or prohibited Animal while being transported in interstate
commerce through the State in compliance with the Animal Welfare Act
(7 U.S.C. § 2131 et seq.) and its subsequent amendments and the
regulations adopted under that Act.
(b) An Owner of a wild Animal or Prohibited Animal, even if kept in violation of this
Section, shall:
(1) Notify Animal Control, the LRCA, and the Anna Police Department of any
attack on a human being by the Animal within 24 hours of the attack.
Ord. No. 263-2008 Animal Cordrol.doo 15 02-12-08
(2) Immediately notify Animal Control, the LRCA, and the Anna Police
Department of any escape of the Animal.
(c) An Owner of a wild Animal or prohibited Animal that escapes is strictly liable for
all costs incurred in apprehending and confining the Animal and for any costs
and expenses incurred by way of personal injury or death in attempting to
apprehend and confine such Animal.
(d) Animal Control Officers, Anna Police Officers, or an employee of the Animal
Control Authority, or any City -authorized Person or agent, shall not be liable to an
Owner of a wild Animal or other prohibited Animal for damages that arise in
connection with the escape or attack of a wild Animal or other prohibited Animal,
including, but not limited to, liability for damage, injury, or death caused by the
wild Animal or other prohibited Animal during or after the wild Animal's or other
prohibited Animal's escape, or for injury to, or death of, the wild Animal or other
prohibited Animal as a result of apprehension or confinement of the wild Animal
or other prohibited Animal after escape.
6.02 Search and Seizure.
Animal Control Officers, Anna Police Officers, the LRCA, the LHA, and/or other
City -authorized personnel shall be authorized to pursue, serve and execute on a
search and seizure warrant if there is reason to believe that an Animal ordered to
be removed from Anna for being a wild Animal or other Prohibited Animal has not
been so removed.
Section 7. Requirements for Dangerous Animals
7.01 Dangerous Wild Animals Prohibited Within City.
It shall be unlawful for a person to own, harbor, or have custody or control of a
dangerous wild animal for any purpose within the City of Anna.
7.02 Exemptions.
(a) A Person is exempt from the requirements of this Section if the Person is caring
for, treating, or transporting an Animal for which the Person holds a Class "A" or
Class "B" dealer's license or a Class "C" exhibitor's license issued by the
Secretary of Agriculture of the United States under the Animal Welfare Act (7
U.S.C. §2131 at seq.) and its subsequent amendments.
(b) This Section does not refer to police dogs acting on the command of a police
officer or as a result of training.
Ord. No. 263.2008 Animal Controi.doc 16 02-12-08
7.03 Seizure of a Dog Causing Death or Serious Bodily Injury to a Person.
(a) A justice court, county court, or municipal court shall order the Animal Control
Authority to seize a Dog and shall issue a warrant authorizing the seizure:
(1) on the sworn complaint of any Person, including the county attorney, the
city attorney, or a peace office, that the Dog has caused the death of or
Serious Bodily Injury to a Person by attacking, biting, or mauling the
Person; and
(2) on a showing of probable cause to believe that the Dog caused the death
of or Serious Bodily Injury to the Person as stated in the complaint.
(b) The Animal Control Authority shall seize the Dog or order its seizure and shall
provide for the Impoundment of the Dog in secure and humane conditions until
the court orders the disposition of the Dog.
7.04 Hearing.
(a) The court shall set a time for a hearing to determine whether the Dog caused the
death of or Serious Bodily Injury to a Person by attacking, biting, or mauling the
Person. The hearing must be held not later than the tenth day after the date on
which the warrant is issued.
(b) The court shall give written notice of the time and place of the hearing to:
(1) the Owner of the Dog or the Person from whom the Dog was seized ;
and
(2) the Person who made the complaint.
(c) Any interested party, including the county attorney or city attorney, is entitled to
present evidence at the hearing.
(d) The court shall order the Dog destroyed if the court finds that the Dog caused the
death of a Person by attacking, biting, or mauling the Person. If that finding is
not made, the court shall order the Dog released to:
(1) its Owner;
(2) the Person from whom the Dog was seized; or
(3) any other Person authorized to take possession of the Dog.
(e) The court may order the Dog destroyed if the court finds that the Dog caused
Serious Bodily Injury to a Person by attacking, biting or mauling the Person. If
that finding is not made, the court shall order the Dog released to:
Ord. No. 263-2008 Animal Control.doc 17 02-12-08
(1) Its Owner;
(2) The Person from whom the Dog was seized; or
(3) Any other Person authorized to take possession of the Dog.
(f) The court may not order the Dog destroyed if the court finds that the Dog caused
the Serious Bodily Injury to a Person by attacking, biting, or mauling the person
and:
(1)
The Dog was being used for the protection of a Person or Person's
property, the attack, bite, or mauling occurred in an enclosure in which
the Dog was being kept, and:
I)
The enclosure was reasonably certain to prevent the Dog from leaving
the enclosure on its own and provided notice of the presence of a
Dog; and
ii)
The injured Person was at least eight years of age, and was
trespassing in the enclosure when the attack, bite, or mauling
occurred;
(2)
The Dog was not being used for the protection of a Person or Person's
property, the attack, bite, or mauling occurred in an enclosure in which
the Dog was being kept, and the injured Person was at least eight years
of age and was trespassing in the enclosure when the attack, bite, or
mauling occurred;
(3)
The attack, bite, or mauling occurred during an arrest or other action of a
peace officer while the peace officer was using the Dog for law
enforcement purposes;
(4)
The Dog was defending a Person from an assault or Person's property
from damage or theft by the injured Person; or
(5)
The injured Person was younger than eight years of age, the attack, bite,
or mauling occurred in an enclosure in which the Dog was being kept,
and the enclosure was reasonably certain to keep a Person younger
than eight years of age from entering.
7.05 Destruction of Dog.
(a) The destruction of a Dog under this Section must be performed by:
(1)
A Licensed Veterinarian;
(2)
Personnel of a recognized Animal shelter or humane society who are
trained in the humane destruction of Animals; or
Ord. No. 263-2008 Animal Control.doc 18 02-12-08
(3) Personnel of governmental agency responsible for Animal control who
are trained in the humane destruction of Animals.
7.06 Provocation or Location of Attack Irrelevant.
This section applies to any Dog that causes a Person's death or Serious Bodily
Injury by attacking, biting, or mauling the Person, regardless of whether the Dog
was provoked and regardless of where the incident resulting in the Person's
death or Serious Bodily Injury occurred.
7.07 Dogs and Coyotes that are a Danger to Animals.
(a) Certain Dogs and Coyotes Prohibited from Running At Large; Criminal Penalty.
(1) The Owner, keeper, or Person in control of a Dog or coyote that the
Owner, keeper, or Person knows is accustomed to run, worry, or kill
Livestock, Domestic Animals, or fowls may not permit the Dog or coyote
to run At Large.
(2) A Person who violates this Section commits an offense. An offense
under this subsection is punishable by a fine of not more than $100.
(3) Each time a Dog or coyote runs At Large in violation of this Section
constitutes a separate offense.
(b) Dogs or Coyotes that Attack Animals.
(1) A Dog or coyote that is attacking, is about to attack, or has recently
attacked Livestock, Domestic Animals, or fowls may be killed by:
I) any Person witnessing the attack; or
ii) the attacked Animal's Owner or a Person acting on behalf of the
Owner if the Owner or Person has knowledge of the attack.
(2) A Person who kills a Dog or coyote as provided by this Section is not
liable for damages to the Owner, keeper, or Person in control of the Dog
or coyote.
(3) A Person who discovers on the Person's property a Dog or coyote
known or suspected of having killed Livestock, Domestic Animals, or
fowls may detain or impound the Dog or coyote and return it to its Owner
or deliver the Dog or coyote to the local Animal Control Authority. The
Owner of the Dog or coyote is liable for all costs incurred in the capture
and care of the Dog or coyote and all damage done by the Dog or
coyote.
Ord. No. 263-2008 Animal Control.doc 19 02-12-08
(4) The Owner, keeper, or Person in control of a Dog or coyote that is known
to have attacked Livestock, Domestic Animals, or fowls shall control the
Dog or coyote in a manner approved by the Animal Control Authority.
(5) A Person is not required to acquire a hunting license under Section
42.002, Parks and Wildlife Code, to kill a Dog or coyote under this
Section.
7.08 Determination That Dog Is Dangerous.
(a) If a Person reports an incident, the Animal Control Authority may investigate the
incident. If, after receiving the sworn statements of any witnesses, the Animal
Control Authority determines the Dog is a Dangerous dog, it shall notify the
Owner of that fact.
(b) An Owner may appeal the determination of the Animal Control Authority to a
justice, county, or municipal court of competent jurisdiction no later that the 15"'
day after the date the Owner is notified that a Dog owned by the Owner is a
Dangerous dog. An Owner may appeal the decision of the justice, county, or
municipal court in the same manner as appeal for other cases from the justice,
county or municipal court.
7.09 Requirements for Owner of Dangerous Dog.
(a) Not later than the 30" day after a Person learns that the Person owns a
Dangerous dog, the Person shall:
(1) Register the Dangerous dog with the Animal Control Authority for the
area in which the Dog is kept;
(2) Restrain the Dangerous dog at all times on a leash in the immediate
control of a Person or in a Secure enclosure;
(3) Display in a conspicuous place on their premises a sign that is easily
readable by the public using the words "Beware—Dangerous Animal."
The sign shall be no smaller than one foot total area, with alphabetic
letters with no less than one inch height. A similar, easily readable sign
with a total area of 18 inches shall be posted on the enclosure or pen of
such dangerous animal and posted on all entrances to the dwelling,
building or structure.
(4) Obtain liability insurance coverage or show financial responsibility in an
amount of at least $100,000 to cover damages resulting from an attack
by the Dangerous dog causing bodily injury to a Person and provide
proof of the required liability insurance coverage or financial
responsibility to the Animal Control Authority for the area in which the
Dog is kept; and
Ord. No. 263.2008 Animal Control.doc 20 02-12-08
(5) Comply with any applicable municipal or county regulation, requirement,
or restriction on Dangerous dogs.
(b) The Owner of a Dangerous dog who does not comply with Subsection (a) shall
deliver the Dog to the Animal Control Authority not later than the 301h day after
the Owner learns that the Dog is a Dangerous dog.
(c) If, on application of any Person, a justice court, county court, or municipal court
finds, after notice and hearing as provided by Section 7.04, that the Owner of a
Dangerous dog has failed to comply with Subsection (a) or (b), the Court shall
order the Animal Control Authority to seize the Dog and shall issue a warrant
authorizing the seizure. The Animal Control Authority shall seize the Dog or
order its seizure and shall provide for the Impoundment of the Dog in secure and
humane conditions.
(d) The Owner shall pay any cost or fee assessed by the municipality or county
related to the seizure, acceptance, Impoundment, or destruction of the Dog. The
governing body of the municipality or county may prescribe the amount of the
fees.
(e) The court shall order the Animal Control Authority to humanely destroy the Dog if
the Owner has not complied with Subsection (a) before the 11`h day after the
date on which the Dog is seized or delivered to the Animal Control Authority.
The court shall order the Animal Control Authority to return the Dog to the Owner
if the Owner complies with Subsection (a) before the 11" day after the date on
which the Dog is seized or delivered to the Animal Control Authority.
(f) The court may order the humane destruction of a Dog if the Owner of the Dog
has not been located before the 15th day after the seizure and Impoundment of
the Dog.
(g) For purposes of this Section, a Person learns that the Person is the Owner of a
Dangerous dog when:
(1) The Owner knows of an attack;
(2) The Owner receives notice that a justice court, county court, or municipal
court has found that the Dog is a Dangerous dog under this ordinance; or
(3) The Owner is informed by the Animal Control Authority that the Dog is a
dangerous dog under this ordinance.
7.10 Inspection.
An Owner of a Dangerous wild animal, at all reasonable times, shall allow the
Animal Registration Agency, its staff, its agents, or a designated Licensed
Veterinarian to enter the premises where the Animal is kept and to inspect the
Ord. No. 263.2006 Animal Control.doc 21 02-12-06
Animal, the Primary enclosure for the Animal, and the Owner's records relating to
the Animal to ensure compliance with this subsection.
7.11 Relocation or Disposition of Animal.
(a) An Owner of a Dangerous wild animal may not permanently relocate the Animal
unless the Owner first notifies the Animal Registration Agency in writing of the
exact location to which the Animal will be relocated and provides the Animal
Registration Agency, with respect to the new location, the information required by
this ordinance.
(b) Within ten days after the death, sale, or other disposition of the Animal, the
Owner of the Animal shall notify the Animal Registration Agency in writing of the
death, sale, or other disposition.
7.12 Attack by Animal; Escape of Animal; Liability.
(a) An Owner of a Dangerous wild animal shall notify the Animal Registration
Agency of any attack of a human by the Animal within 24 hours of the attack.
(b) An Owner of a Dangerous wild animal shall immediately notify the Animal
Registration Agency and the local law enforcement agency of any escape of the
Animal.
(c) An Owner of a Dangerous wild animal that escapes is liable for all costs incurred
in apprehending and confining the Animal.
(d) An Animal Registration Agency, a law enforcement agency, or an employee of an
Animal Registration Agency or law enforcement agency is not liable to an Owner
of a Dangerous wild animal for damages arising in connection with the escape of
a Dangerous wild animal, including liability for damage, injury, or death caused
by the Animal during or after the Animal's escape, or for injury to or death of the
Animal as a result of apprehension or confinement of the Animal after escape.
7.13 Powers and Duties of Board; Caging Requirements and Standards.
(a) The Board by rule shall establish caging requirements and standards for the
keeping and confinement of a Dangerous wild animal to ensure that the Animal is
kept in a manner and confined in a Primary enclosure that:
(1) Protects and enhances the public's health and safety;
(2) Prevents escape by the Animal; and
(3) Provides a safe, healthy, and humane environment for the Animal.
Ord. No. 263.2006 Animal Control.doc 22 02-12-08
(b) An Owner of a Dangerous wild animal shall keep and confine the Animal in
accordance with the caging requirements and standards established by the
Board.
(c) An Animal Registration Agency may approve a deviation from the caging
requirements and standards established by the Board only if:
(1) The Animal Registration Agency has good cause for the deviation; and
(2) The deviation:
I) Does not compromise the public's health and safety;
ii) Does not reduce the total area of the Primary enclosure below that
established by the Board; and
iii) Does not otherwise adversely affect the overall welfare of the Animal
involved.
7.14 Care, Treatment, and Transportation of Animal.
(a) For each Dangerous wild animal, the Owner shall comply with all applicable
standards of the Animal Welfare Act (7 U.S.0 §2131 at seq.) and its subsequent
amendments and the regulations adopted under that Act relating to:
(1) Facilities and operations;
(2) Animal health and husbandry; and
(3) Veterinary care.
(b) An Owner of a Dangerous wild animal shall maintain a separate written log for
each Dangerous wild animal documenting the Animal's veterinary care and shall
make the log available to the Animal Registration Agency or its agent on request.
The log must:
(1) Identify the Animal treated;
(2) Provide the date of treatment;
(3) Describe the type or nature of treatment; and
(4) Provide the name of the attending Veterinarian, if applicable.
(c) When transporting a Dangerous wild animal, the Owner of the Animal, or a
designated carrier or intermediate handler of the Animal, shall comply with all
transportation standards that apply to that Animal under the Animal Welfare Act
(7 U.S.C. §2131 at seq.) and its subsequent amendments or the regulations
adopted under that Act.
Ord. No. 283.2008 Animal Control.cim 23 02-12-08
7.16 Injunction.
Any Person who is directly harmed or threatened with harm by a violation of this
Section of a failure to enforce this Section may sue an Owner of a Dangerous
wild animal to enjoin a violation of this subsection or to enforce this subsection.
7.16 Applicability of Section.
(a) This Section does not apply to:
(1)
A county, municipality, or agency of the state or an agency of the United
States or an agent or official of a county, municipality, or agency acting in
an official capacity;
(2)
A research facility, as that term is defined by Section 2(e), Animal
Welfare Act (7 U.S.C. §2132), and its subsequent amendments, that is
licensed by the Secretary of Agriculture of the United States under that
Act;
(3)
An organization that is an accredited member of the American Zoo and
Aquarium Association;
(4)
An injured, infirm, orphaned, or abandoned Dangerous wild animal while
being transported for care or treatment;
(5)
An injured, infirm, orphaned, or abandoned Dangerous wild animal while
being rehabilitated, treated, or cared for by a Licensed Veterinarian, an
incorporated humane society or Animal shelter, or a Person who holds a
rehabilitation permit issued under Subchapter C, Chapter 43, Parks and
Wildlife Code;
(6)
A Dangerous wild animal owned by and in the custody and control of a
transient circus company that is not based in this state if:
i)
The Animal is used as an integral part of the circus performances; and
ii)
The Animal is kept within this state only during the time the circus is
performing in this state or for a period not to exceed 30 days while the
circus is performing outside the United States.
(7)
A Dangerous wild animal while in the temporary custody or control of a
television or motion picture production company during the filming of a
television or motion picture production in this state;
(8)
A Dangerous wild animal owned by and in the possession, custody, or
control of a college or university solely as a mascot for the college or
university;
Ord. No. 263-2008 Animal Controi.doc 24 02-12-08
(9) A Dangerous wild animal while being transported in interstate commerce
through the state in compliance with the Animal Welfare Act (7U.S.C.
§2131 at seq.) and its subsequent amendments and the regulations
adopted under that Act;
(10) A nonhuman primate owned by and in the control and custody of a
Person whose only business is supplying nonhuman primates directly
and exclusively to biomedical research facilities and who holds a Class
"A" or Class "B" dealer's license issued by the secretary of agriculture of
the United States under the Animal Welfare Act (7 U.S.0 §2131 et seq.)
and its subsequent amendments;
(11) A Dangerous wild animal that is:
i) Owned by or in the possession, control, or custody of a Person who is
a participant in a species survival plan of the American Zoo and
Aquarium Association for that species; and
ii) An integral part of that species survival plan.
(12) In a county west of the Pecos River that has a population of less than
25,000, a cougar, bobcat, or coyote in the possession, custody, or
control of a Person that has trapped the cougar, bobcat, or coyote as
part of a predator or depredations control activity.
(b) This subsection does not require a municipality that does not have an Animal
Control Office to create that office.
7.17 Two -Bite Rule.
If two instances of any animal biting a human being have occurred within the city
limits, then that animal is prohibited from being present within the city limits of
Anna. The animal must be removed from the city limits within ten days of the
second biting incident.
Section 8. Impoundment
8.01 In General.
(a) The following Animals may be impounded:
(1) Any Animal believed to be infected with Rabies or kept under conditions
that could endanger the public or Animal health, safety or welfare;
(2) Any Animal found At Large;
(3) Any Animal treated in a manner determined by Animal Control to be
cruel and inhumane;
Ord. No. 263-2008 Animal Control.doo 25 02-12-08
(4) Any Animal that is suspected of biting or scratching a human being or is
suspected of coming into contact with a Rabies High Risk Animal that
requires isolation to observe for possible Rabies, as determined by
Animal Control and/or State or Federal authorities;
(5) Any Animal violating any provision of Texas Penal Codes 42.09, 42.091
or 42.010, as they currently exist or may be amended;
(6) Any Animal violating any provision of the Texas Health and Safety Code,
Chapter 826, as it currently exists or may be amended;
(7) Any Animal violating any provision of the Texas Administrative Code,
Chapter 169, as it currently exists or may be amended; and/or
(8) Any Animal violating any provisions of this ordinance.
(b) If any of the Animals named in this ordinance are found upon the premises of any
resident located within Anna's city limits, the Anna resident shall have the right to
confine such Animal in a humane manner until he/she can notify Animal Control
to retrieve the Animal for Impoundment. When so noted, it shall be the duty of
Animal Control to Impound such Animal as herein provided.
(c) Reasonable effort shall be made by Animal Control to contact the Owner of any
Animal impounded that is wearing an identification tag of any type; however, final
responsibility for location of an impounded Animal is that of the Owner.
(d) The Owner can resume possession of any impounded Animal upon payment of
Impoundment fees, handling fees, and any Veterinarian bills incurred by Animal
Control and Anna's agents for the welfare of the Animal, and upon compliance
with vaccination, and registration provisions, if any, of this ordinance.
(e) Disposition of Animals impounded as a result of cruel or inhumane treatment will
be determined by the court of jurisdiction.
(f) If 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 the Quarantine
Observation Period by Animal Control and has satisfied payment of any
Impoundment fees, handling fees, any Veterinarian bills, or any other fees
incurred while in custody of Animal Control or the City of Anna's authorized
agents.
(g) Any Animal not reclaimed by the Owner may be humanely euthanized or adopted
after being impounded for five days (day of impoundment being day "0") or,
unless under Quarantine, by Animal Control or its authorized agents. Feral cats
shall be held a minimum of three (3) days. Any Animal wearing a current Rabies
tag shall be impounded for not less than six days, unless under Quarantine.
Unclaimed Animals wearing an identification tag that are in the custody of Animal
Ord. No. 263-2008 Animal Control.doc 26 02-12-08
Control or any of its authorized agents may be humanely euthanized or adopted
after being impounded for six days.
(h) Any seized or impounded, Dangerous Animal, or wild Animal, unless there is
reason to believe such Animal has an Owner, may have its disposition
immediately determined as deemed appropriate by Animal Control, or its
authorized agents.
(i) Any nursing baby Animal impounded without its mother, or where the mother
cannot or refuses to provide nutritious milk, may be immediately euthanized to
prevent further suffering.
(j) An Animal 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 supplied
by Animal Control, or its agents, that surrenders the animal to Animal Control, or
its authorized agents. If space in the Animal Shelter is available for the
surrendered animal, the Animal Control Officer may take the animal at the time
surrendered by the owner. If shelter overcrowding exists, the owner may place
the animal on a waiting list for surrender for up to 18 days or make other
arrangements with the Animal Control Officer. The written waiver surrenders the
animal to Animal Control, or its authorized agents, to be impounded for adoption
or be immediately euthanized in a humane manner. No warm-blooded Animal
that has bitten or scratched a human being shall be euthanized before the
expiration of the Quarantine period, unless said Animal's Owner requests that the
Animal be euthanized for Rabies testing.
(k) Any impounded Animal that appears to be suffering from extreme injury or illness
may be immediately euthanized or given to a non-profit humane organization for
the purposes of veterinary care or as determined by Animal Control.
8.02 Impoundment Fees.
(a) Impoundment fees for Animals impounded shall be published and determined by
Anna's authorized Animal Shelter agent(s) for all Animals.
(1) Class A: All Domestic Dogs and Domestic Cats, unsterilized (unspayed
or unneutered) sterilized (spayed or neutered).
(2) Class B: Small Livestock shall include goats, sheep, Iambs, swine, and
Animals of the same approximate size and weight. Fees shall be set
based on actual costs, damages and the factors set forth in Chapter 142
of the Texas Agricultural Code, as it exists or may be amended.
Ord. No. 263-2008 Animal Control.doc 27 02-12-08
(3) Class C: Large Livestock shall include cattle, horses, ponies, mules, and
Animals of the same approximate size and weight. Fees shall be set
based on actual costs, damages and the factors set forth in Chapter 142
of the Texas Agricultural Code, as it exists of may be amended.
(4) Class D: Animals not listed herein above shall be impounded and/or
disposed of at the discretion of the Animal Control or Anna's authorized
agents.
(b) A daily handling fee shall be charged for every day, or fraction thereof, that an
Animal is at the Animal Shelter. Said fee shall be based upon the class of
Animal enumerated as deemed by Anna's authorized agent(s), and Class D
Animals shall be charged as deemed by Anna's authorized Animal Shelter
agent(s). This is in addition to the Impoundment fee as set forth by Anna's
authorized Animal Shelter agent(s). Class B and Class C Animals that are
impounded by Collin County shall be in accordance with the Texas Estray Act
(Chapter 142 of the Texas Agriculture Code), as it currently exists or may be
amended.
(c) The Owner of any Class A, Class B, or Class C Animal held in Quarantine for
observation purposes, or any other purposes, shall be charged for each day or
fraction of a day an Animal is at the Animal Shelter at the rates set forth and
published by Anna's authorized Animal Shelter agent(s). This is in addition to
Impoundment fees and daily handling fees or any other costs incurred by Anna's
authorized Animal Shelter agent(s).
(d) The Owner of a Class D Animal shall be charged for each day or fraction of a day
the Animal is held in Quarantine for observation purposes, or any other
purposes, at the Animal shelter or at the rates set forth and published by Anna's
authorized Animal Shelter agent(s). This is in addition to Impoundment fees and
daily handling fees or any other costs incurred by Anna's authorized Animal
Shelter agent(s).
(e) The enforcing agency shall deposit the fees collected in the treasury of the
enforcing agency. The fees may be used only to help defray the cost of
administering this subsection or the ordinances or rules of the enforcing agency
within its jurisdiction.
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Section 9. Animal Ownership Limitation
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 six Domestic Dogs, or six Domestic
Cats, or three Domestic Ferrets, or any combination of six thereof, providing the number
of Domestic Ferrets does not exceed three of that species, (i.e., five Domestic Dogs and
one Domestic Cat; one Domestic Dog and five Domestic Cats; three Domestic Dogs,
two Domestic Cats and one Domestic Ferret) over the age of six months on any one
residential dwelling property located within the Anna city limits.
Section 10. Requirements of Livestock
10.01 Swine.
It shall be unlawful for any Person, firm or corporation to keep any swine,
including pot-bellied pigs, within the Anna city limits, unless certified for medical,
biological, educational or other scientific research or study.
10.02 Cattle and Equine.
It shall be unlawful for any Person to keep a cow, steer, bull or horse, donkey, or
mule (at times, collectively referred to as "cow or horse") on any premises where
the overall area is less than one acre for each cow or horse kept, or is less than
one acre for two foals or two calves up to nine months of age. The number of
foals or calves permitted on one acre shall not exceed two foals or two calves
under nine months of age. Any one adult cow or horse and its young up to nine
months of age are permitted on one acre. Agriculture properties are exempt, so
long as the persons do not keep more than can be cared for under sanitary
conditions and/or create a nuisance. The persons in lawful possession of the
premises, as Owner or tenant, may keep thereon cattle, horses, calves, or foals
belonging to others, but limitation to number of cattle, horses, foals, or calves on
the premises and the area and distance requirements of this Section shall not be
done as a commercial business in violation of any City ordinance.
10.03 Holding Areas for Small Livestock and/or Large Livestock.
Small Livestock and Large Livestock must be kept within an enclosure, pen,
corral or restrictive area to prevent exit by the Animal(s). The fence posts must
not sway more than six inches when tested by an Animal Control Officer.
Gates for Small Livestock enclosures shall be mounted on hinges to a solid wall
or fence posts. Such a gate must connect with another fence post 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 that will allow the Animal(s) to escape
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the enclosed area. Such gates must have a latch or chain attached capable of
keeping the gate closed when tested by an Animal Control Officer.
10.04 Proximity of Livestock Areas.
It shall be unlawful for any Owner to keep on premises within the Anna city limits
under his/her control, any Small Livestock or Large Livestock in such a manner
that the Livestock will be quartered closer than 100feet from any human living
quarters measured in a straight line from any direction, whether occupied or
unoccupied. Notwithstanding, if the human Irving quarters are the living quarters
of the Owner or keeper, then the Small Livestock or Large Livestock must not be
quartered closer than 20 feet thereto measured in a straight line from any
direction.
10.05 Confine of Male Horses.
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.
Section 11. Requirements of Certain Fowl
Except for exotic birds that are Pet Animals or are not raised, kept or Harbored for
commercial purposes, it shall be unlawful for any Owner to maintain, own or control any
premises within the Anna city limits where more than an aggregate of 12 fowl are kept
or Harbored in one enclosure. Provided further, however, that not more than 1t4 of the
maximum allowable number of such Animals may be of the male species.
"One Enclosure" as that term is used herein shall be held to mean any and all
connected buildings, whether under one roof or otherwise, and buildings and sheds
which may have entrances to the same or adjoining lot or lots with a gateway or other
opening between them.
Section 12. Protection of Animals
12.01 Baby Fowl.
It shall be unlawful for any Person to sell, offer for sale, barter, or give away as
toys, premiums or novelties, baby chickens, ducklings, or other fowl under eight
weeks old. Sale of such Animals for agricultural purposes is exempt from this
provision if sold in quantities of ten or more.
12.02 Change of Color of Certain Animals.
It shall be unlawful to color, dye, stain, or otherwise change the natural color of
any chickens, ducklings, other fowl, or rabbits, or to possess for the purpose of
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sale or to be given away, any of the above mentioned Animals which have been
so colored.
12.03 Animals as Prizes or Inducements.
No Person shall give away any Animal as:
(a) A prize or use as an inducement to enter any contest, game or competition;
(b) An inducement to enter a place of amusement or other non-residential
establishment; or
(c) An offer or as an incentive to enter into any business establishment whereby the
offer was for the purpose of attracting trade.
Section 13. Treatment of Animals
The following are established as guidelines for pet and Animal care and not intended to
contravene with the provisions for Animal cruelty as contained in the Texas Penal Code
Chapter 42.09, as it currently exists or may be amended.
(a) Every Owner or other Person having care and control of any Animal shall provide
the following for each Animal under his/her care and control:
(1) Sufficient nutritious and wholesome food, served to the Animal in clean
containers, to maintain the Animal in good health;
(2) Clean and wholesome water, served to the Animal in a clean container,
such water to be available to the Animal at all times;
(3) Adequate shelter, which shall allow the Animal to remain dry and
protected from the elements at all times, allow room for the Animal to
stand, move around and lay down apart from its excrement and which
shall provide either natural or artificial shade for the Animal to avoid
direct sunlight. If the shelter is provided by enclosure, the enclosure shall
allow for adequate ventilation; and
(4) Veterinary care as needed to prevent suffering.
(b) No Person shall torture, beat, cruelly ill-treat, overload, overwork or otherwise
abuse an Animal; or cause, instigate, or permit any dogfight, cockfight, bullfight,
or other combat between Animals or between Animals and human beings.
(c) No Owner of an Animal shall abandon such Animal.
(d) Any Person who, as the operator of a motor vehicle or any other means of
transportation, strikes any Domestic Animal or Livestock shall stop at once and
render such assistance as may be possible and shall immediately report such
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injury or death to the Animal's Owner. In the event the Animal's Owner cannot
be ascertained and/or located, such operator shall at once report the accident to
Animal control or the appropriate law enforcement agency.
(e) No Person shall intentionally or knowingly trip a horse or other equine.
(f) No Owner, Custodian or Person shall leave any Animal in a standing or parked
vehicle in such a way as to endanger the Animal's health, safety or welfare,
including but not limited to, dangerous temperature, lack of food, water or
attention, or confinement with a Dangerous Animal, Any Animal Control Officer,
Peace Officer, Fire Personnel or other City -authorized Person is authorized to
use reasonable force to remove an Animal, including but not limited to, the
breaking of a vehicle window, whenever it appears the Animal's health, safety or
welfare is, or soon will be, endangered and said Animal may be impounded.
Section 14. Sanitary Conditions
(a) The Owner, Custodian or Person in possession of Animals shall keep pens,
enclosures, yards, cages, structures, or other similar enclosures in which any
Animals are kept, clean and sanitary and shall not create:
(1) Any offensive odors or visual nuisances (unsightly) within the vicinity that
creates a public nuisance;
(2) Any favorable conditions that breed or attract flies, mosquitoes or other
noxious insects;
(3) Any favorable conditions for any zoonotic diseases or any other
diseases; or
(4) Any unsanitary condition that endangers public or Animal health or
safety.
(b) All persons keeping such Animals shall comply with the following regulations:
(1) Manure and droppings shall be removed from pens, stables, yards,
cages and other enclosures as necessary to maintain sanitary conditions
and handled or properly disposed of in such manner as to keep the
premises free of any public nuisances.
(2) Mound storage of manure or droppings between such removals shall be
permitted only under such conditions as to protect against the breeding
of flies and to prevent the migration of fly larvae (maggots) into the
surrounding soil.
(3) The feeding of vegetables, meat scraps or garbage shall be done only in
impervious containers or on an impervious platform.
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(4) Watering troughs, tanks or other watering containers provided for
Animals shall be equipped with adequate facilities for draining water
overflow to prevent the breeding of flies, mosquitoes, or other insects.
(5) No putrescible material shall be allowed to accumulate on the premises,
and all such putrescible material that is used to feed which is
unconsumed shall be removed and properly disposed of by burial or
other sanitary means.
Section 15. Traps
(a) Only humane live Animal traps may be used for capturing Animals roaming
unrestrained in Anna. The use of steel jaw traps to apprehend Animals is illegal.
As an exception to this Section, government agencies and entities shall be
permitted to use such traps and equipment as necessary and permitted by State
law or regulation, as they exist or may be amended.
(b) No Person shall remove, after, damage or otherwise tamper with a trap or
equipment set out by Animal Control or Anna's agent(s).
(c) The Animal Control traps left at a site at the request of a property owner or other
resident will be the responsibility of the property owner or resident. The property
owner or resident will monitor the trap(s) each day and contact Animal Control if
any Animal(s) is captured. The property owner or resident will contact Animal
Control within 24 hours in the event of an Animal capture for removal by an
Animal Control Officer.
(d) Damaged traps or missing traps will be reimbursed to the City of Anna, or its
agents for replacement of the trap(s). Citizens with traps provided by Animal
Control shall not set the trap on any evenings prior to a holiday (New Year's Day,
Martin Luther King, Jr. Day, Good Friday, Memorial Day, July 4th, Labor Day,
Thanksgiving Day and the day after, Christmas Eve and Christmas Day.) or on a
Saturday, as the animal control officers will only be running emergency calls on
those days as well as on Sundays. During inclement weather conditions (Le,
temperatures below 40 degrees, rain/snow, or excessive heat) that you please
cover the trap with a blanket, or if the type of animal trapped allows for placement
of the trap in your garage or in the shade.
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Enforcement
(e) Enforcement of this ordinance shall be the responsibility of Animal Control and/or
other authorized Anna personnel and/or its authorized agents.
(f) Animal Control Officers, Code Enforcement Officers, Health Inspectors, the
LRCA, the LHA, Peace Officers, and/or other authorized Anna personnel or
Anna's authorized agents shall have the authority to issue citations for any
violation of this ordinance or remedy violations by limitations set forth by State or
federal law.
(g) If the Person being cited is not present, Animal Control or other authorized
personnel or Anna's authorized agents may send a citation to the alleged
offender. Such notice may be given in any one of the following ways: (A) sent via
registered or certified mail addressed to the Owner at the Owner's address or (B)
by hand delivery to the Owner at the Owner's address. If Anna or its authorized
agents mails a citation to the Owner and the United States Postal Service returns
the notice as "refused", "unclaimed", or if the address that was used for sending
the citation is returned as "not deliverable as addressed" (or an equivalent
marking), the validity of the citation mailed to the Owner is not affected, and the
citation is considered as delivered.
(h) It shall be unlawful for any Person to interfere with Animal Control or any
authorized Person, or any authorized agent in the performance of duties.
(i) Animal Control, Anna Police, LRCA, LHA, or other authorized personnel and/or
Anna's authorized agents are given the right to trespass onto any private
property in Anna for the purpose of determining whether or not any provision of
this ordinance has been violated and to impound any Animal kept or Harbored in
violation of any terms of this ordinance.
Section 16. Penalty for the Violation of this Ordinance
Any Owner, Custodian, Person, firm, corporation or business entity violating this
ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall
be fined a sum not exceeding $2,000.00. Each continuing day's violation under this
ordinance shall constitute a separate offense. While penal in nature, this ordinance
shall not preclude Anna from filing suit to enjoin a violation. Anna retains all legal rights
and remedies available to it pursuant to local, State and Federal law.
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Section 17. Savings, Repealing and Severability Clauses
If any provision of this ordinance shall be held to be invalid or unconstitutional, the
remainder of such ordinance shall continue in full force and effect the same as if such
invalid or unconstitutional provision had never been a part hereof. Anna hereby declares
that it would have passed this ordinance, and each section, subsection, clause, or
phrase thereof irrespective of the fact that any one or more sections, subsections,
sentences, clauses, and phrases be declared unconstitutional or invalid. All ordinances
of Anna in conflict with the provisions of this ordinance are repealed to the extent of that
conflict.
Section 18. Publication of the Caption Hereof and Effective Date
This ordinance shall be effective upon its passage by the City Council, approval by the
Mayor, and publication of the caption as prescribed by law.
PASSED by the City Council of the City of Anna, Texas, this 12th day of February
2008.
Ci Secretary, Na/tha Wilkison'��NN(ayor, Kenneth Pelham
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