HomeMy WebLinkAboutOrd 369-2008 Repealing Ord No. 363-2008-Regulating Control of Animals.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 369-2008
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS,
REPEALING ORDINANCE NO. 363-2008 IN ITS 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 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; PROVIDING FOR
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 the control
of animals; 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 No. 363-2008
in its 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 purposes of Animal control and sheltering; and
WHEREAS, the City Council finds and determines that it would 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,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS:
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TABLE OF CONTENTS
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
Exclusions...............................................................................................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.
Dangerous Animals.................................................................................15
6.01
Dangerous Wild Animals Prohibited Within City......................................15
6.02
Exemptions.............................................................................................15
6.03
Seizure of a Dog Causing Death or Serious Bodily Injury to a Person ....
15
6.04
Hearing. . ................................ ................................................................
16
6.05
Destruction of Dog, ............ __ ............ - ... __ ......... - ..... - ............ ........ _17
6.06
Provocation or Location of Attack Irrelevant............................................17
6.07
Determination That Dog Is Dangerous....................................................18
6.08
Requirements for Owner of Dangerous Dog... . ......... ....... ...... ..............
18
6.09
Inspection................................................................................................19
6.10
Relocation or Disposition of Animal........................................................20
6.11
Attack by Animal; Escape of Animal; Liability..........................................20
6.12
Powers and Duties of Board; Caging Requirements and Standards.......20
6.13
Care, Treatment, and Transportation of Dangerous Wild Animal ............
21
6.14
Injunction.................................................................................................22
6.15
Applicability of Section. ...........................................................................
22
6.16
Two -Bite Rule.........................................................................................23
Section 7.
Dogs and Coyotes that are a Danger to Animals...... ........ __ ........ __ ....
24
7.01
Running At Large; Criminal Penalty......... ....... .......... __ ............ ........
24
Ord. No. 369-2008 Animal Controi.doc 2 0311-08
T02 Dogs or Coyotes that Attack Animals......................................................24
Section 8. Impoundment of Animals. . ... ....... — ......... - .............................................
25
8.01 In General. .............................................. .......... -- .... - ......... -- .........
25
8.02 Impoundment Fees...... ........ — ........ ......... - ..................... ....................
27
Section 9. Animal Ownership Limitation...................................................................28
Section 10. Requirements of Livestock.. . ........ .......... ........... — ................................
28
10.01 Swine......................................................................................................28
10.02 Cattle and Equine. ... .................... ........... .............................................
28
10.03 Holding Areas for Small Livestock and/or Large Livestock. .... ..... --- .....
28
10.04 Proximity of Livestock Areas...................................................................29
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..........................................................30
Section 13. Treatment of Animals..............................................................................30
Section 14. Sanitary Conditions.................................................................................32
Section15. Traps.......................................................................................................32
Section 16. Assistance or Therapy Animals...............................................................33
Section 17. Enforcement............................................................................................33
Section 18. Penalty for the Violation of this Ordinance. .... -- ....... — ........ -- ..... . —
34
Section 19. Savings, Repealing and Severability Clauses.........................................34
Section 20. Publication of the Caption Hereof and Effective Date. ..-. ....... ......... ....
34
Section 1. Definitions.
For the purposes of this ordinance, when not inconsistent with the context, words used
in the present tense include the future tense, words in the plural include the singular,
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 an Animal is kept
or
the Collin County Sheriffs Office in any 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
euthanasia, ensure Quarantine of suspect rabid Animals, and otherwise carry out
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provisions of the ordinances of Anna and the laws of the State of Texas that relate to
Animals, including, without limitation, Rabies control and eradication.
Animal Nuisance - any Animal that 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 any Animal 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 the Collin
County Sheriffs Office in any area that does not have an animal control office.
Animal Shelter- a facility operated by the Collin County Animal Control Authority or the
City of Anna 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.
Anna - the City of Anna, Texas.
Assistance Animal or Therapy Animal - an Animal that is specially trained or equipped
to help a human being who is diagnosed by a licensed physician with a physical
challenge or emotional disorder.
At Large - 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 Department.
Cat - a domesticated Animal that is a member of the feline family; fells catus.
Commissioner- the Commissioner of the Department.
Currently Vaccinated - Vaccinated and satisfying the following criteria:
(a) the Animal must have been at least four months of age at the time of
vaccination;
(b) at least 30 days have elapsed since the initial vaccination; and
(c) no more than 12 months have elapsed since the most recent vaccination.
Custodian - any Person or agency that feeds, shatters, Harbors, has possession or
control of, or has the responsibility to control an Animal.
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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 definition.
Department - the Texas Department of State Health Services.
Dog - a domesticated Animal that is a member of the canine family; or, canis familiaris.
Domestic when referring to an Animal, includes all commonly accepted domesticated
species of Animals adapted to live in intimate association with human beings for the
advantage of humans.
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Euthanize — ending the life of a suffering, injured, contagious, or sick Animal by utilizing
a humane, painless method or a method required by any State or Federal law, as it
currently exists or may be amended.
Harbor- the act of keeping and caring 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 definition excludes the feeding of local or migratory birds
(Domestic or wild) on public or private property.
Harborer- a Person who Harbors an Animal.
Impoundment- the seizing, taking, collecting, confining, or capturing of an Animal.
Licensed Veterinarian — a person licensed by the Texas State Board of Veterinary
Medical Examiners to practice veterinary medicine or a person practicing veterinary
medicine on an installation of the armed forces or National Guard located in the State of
Texas.
Livestock- an Animal raised for human consumption or an equine Animal, including
exotic Livestock as defined by Section 161.001, Agriculture 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.
Small Livestock - all types of domesticated swine (in excess of 125 pounds), sheep,
lambs, goats, and other Animals of the same approximate size and weight.
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,
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. NOTE: The Animal Control Authority shall
serve as the LRCA and is 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.
One Enclosure - any and all connected buildings, whether under one roof or otherwise,
and buildings and sheds that may have entrances to the same or adjoining lot or lots
with a gateway or other opening between them.
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Owner- a Person who owns or has custody or control of an 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 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:
(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 or any other Animal;
(f) clearly marked as containing a Dangerous Animal; 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 or would require hospitalization without regard to whether
the Person actually sought medical treatment.
Ord. No. 369-2008 Animal Control.doo 7 03-77-08
Stray - is the condition of having no identifiable Owner, Custodian, or Harborer and/or
being a public nuisance.
Supervisor of Animal Control - the Person designated by the City Manager or Animal
Control Authority to supervise all aspects and operations of the control of Animals under
this ordinance.
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.
Section 2. Rabies Control
2.01 Vaccination of Animals Capable of Transmitting Rabies.
(a) Every Owner and/or Custodian of a Domestic Dog, Domestic Cat, and/or all
Animals capable of transmitting Rabies shall:
(1) have the Animal(s) Vaccinated against Rabies by the time the Animal(s) is
four months of age;
(2) have a booster administered within 12 months following the initial
vaccination; and
(3) have a booster administered once every 36 months thereafter or as
prescribed by the Department.
(b) The Rabies vaccine must be approved by the USDA and administered by a
Licensed Veterinarian, who shall issue to the Owner of the Animal a vaccination
certificate in accordancewith this section. The Owner shall retain such certificate
of the vaccination until the date of its expiration.
(c) Every Person who is an Owner and/or Custodian of a Domestic Dog, Domestic
Cat, or any other Animal capable of transmitting Rabies and who is relocating to
a residence in the corporate limits of Anna—or within 5,000 feet of Anna's
corporate limits—from a location outside of Anna shall be in compliance with this
section no later than 30 days after having moved into Anna. If the relocated
Animal—other than a Low Risk Animal—inflicted a bite and/or scratch on any
Person or another Animal within the last 10 days before the Animal has been
relocated, the Owner and/or Custodian of said Animal shall report the bite and/or
scratch incident to Animal Control and arrange for a 240 -hour Observation
Period. No Rabies vaccine shall be administered before or during the 240 -hour
Observation Period.
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2.02 Certificate of Vaccination.
(a) Upon vaccination with an approved Rabies vaccine, a Licensed Veterinarian
shall execute and furnish to the Owner of the Animal as evidence thereof, a
certificate upon a form furnished by the Licensed Veterinarian. The Licensed
Veterinarian shall retain a duplicate copy. Such certificate shall contain at least
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 of the serum, and serial
number;
(5) the year and number of Rabies tag to be worn by the Vaccinated Animal
at all times;
(6) the breed, age, color, and sex of the Vaccinated Animal; and
(7) the Licensed Veterinarian's signature and license number 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, Texas Government
Code.
(b) Said 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 must maintain the confidentiality of the information, may
not disclose the information under Chapter 552, Texas Government Code, and
may not use the information for a purpose that does not directly relate to the
protection of public health and safety.
(c) A Person commits an offense if the Person distributes confidential information.
The offense is a misdemeanor punishable by:
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(1) a fine of not more than $1,000;
(2) confinement in the county jail for not more than 160 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 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 Licensed Veterinarian or Licensed 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 as to the Animal for which they were 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 as to the Animal for which they were 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 own or 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 Licensed Veterinarian.
(b) 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 Licensed Veterinarian.
(c) 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 Licensed Veterinarian has a Licensed 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
additional information that may be required. For any Animal known to have been, or
suspected of being, exposed to Rabies, the following rules apply:
(a) Domestic Animals that have a current Rabies vaccination should be humanely
Euthanized or re -Vaccinated immediately after exposure and placed in strict
isolation, at the Owner's expense, in a Secure Enclosure for observation
according to the method prescribed by the LRCA for a period of not less than 45
days unless the suspected Rabies -carrying Animal is available for testing, is
tested and the test has returned a negative result for Rabies.
Ord. No. 369-2008 Animal Controi.doc 11 03-11-08
(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 Secure Enclosure and make the suspected Rabies -carrying
Animal available for immediate testing. If such Animal is tested and the test has
returned a negative result for Rabies then such an Animal must be:
(1) Vaccinated immediately after test results are received;
(2) placed in strict isolation for not less than 90 days in a Secure Enclosure;
and
(3) 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 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 Licensed 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 must report
the incident to Animal Control, the LRCA, and LHA as soon as possible, but not later
than 24 hours from the time of the incident. This reporting requirement does 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 or Secure Enclosure for
observation commencing on the day of the biting/scratching incident and 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 Department or other State or Federal Animal regulatory authorities.
3.04 Exclusions.
(a) 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.
(b) Police Dogs are exempt from the requirements of this ordinance, unless
determined otherwise by a Licensed Veterinarian or his/her designee, or the
LRCA; Police Dogs may be subject to home Quarantine.
Section 4. Animals At Large; Restraint Requirements.
4.01 Prohibition.
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, and:
(a) every Dog or Cat must be restrained by its Owner;
(b) every Stray Dog or Cat is declared a public nuisance;
(c) every Stray Dog or Cat shall be detained or impounded by the LRCA or that
officer's designee; and
(d) 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. Animal Control Officers may impound Animals At
Large under conditions specified in this ordinance, or when the Animal Control Officer
has received a complaint that an Animal 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 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 5. Animal Nuisances.
The following are determined to be unlawful public nuisances and are prohibited both
within Anna's corporate limits and within 5,000 feet outside of Anna's corporate limits:
(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:
(1) unsanitary;
(2) offensive by reason of odor;
(3) offensive by lack of maintenance or creates a visual nuisance;
(4) favorable for any zoonotic diseases or any other diseases; or
Ord. No. 369-2008 Animal Control.doc 14 03-11-06
(5) a breeding place for fleas, ticks or other vectors;
(f) allowing excreta deposited by an 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, streets, alleys, parks, or recreation areas.)
Section 6. Dangerous Animals.
6.01 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.
6.02 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" dealers license or a Class "C' exhibitors 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.
6.03 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 such seizure:
(1) on the sworn complaint of any Person, including the county attorney, the
city attorney, or a peace officer, that the Dog has caused the death of or
Serious Bodily Injury to a Person by attacking, biting, or mauling a Person;
or
(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.
Ord. No. 369.2008 Animal Control.doc 15 0311-08
6.04 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 10th 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 Harborer 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 Harborer;
(3) the Person from whom the Dog was seized; or
(4) 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:
(1) its Owner;
(2) the Harborer;
(3) the Person from whom the Dog was seized; or
(4) 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:
Ord. No. 369-2008 Animal Control.doc 16 03-11-08
(1) The Dog was being used for the protection of a Person or Person's
property and:
i) the attack, bite, or mauling occurred in an enclosure in which the Dog was
being kept;
ii) 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
iii) 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 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;
(3) The Dog was defending a Person from an assault or a Person's property
from damage or theft by the injured Person; or
(4) The injured Person was younger than eight years of age and:
i) the attack, bite, or mauling occurred in an enclosure in which the Dog was
being kept, and
ii) the enclosure was reasonably certain to keep a Person younger than eight
years of age from entering.
6.06 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
(3) personnel of a governmental agency responsible for Animal control who
are trained in the humane destruction of Animals.
6.06 Provocation or Location of Attack Irrelevant
Unless otherwise specified in this section, 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.
Ord. No. 369-2008 Animal Control.doc 17 0311-08
6.07 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 than 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.
6.08 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) at all times restrain the Dangerous Dog on a leash in the immediate
control of a Person or in a Primary Enclosure or Secure Enclosure;
(3) display in a conspicuous place on his/her premises a sign that is easily
readable by the public using the words "Beware Dangerous Animal." The
sign shall be no smaller than one square foot total area, with alphabetic
letters with no less than one inch height. A similar, easily readable, sign
with a total square 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 Dangerous Dog is kept;
and
(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 Dangerous Dog to the Animal Control Authority not later than the 301h
day after the Owner learns that the Dog is a Dangerous Dog.
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(c) If, on application of any Person, a justice court, county court, or municipal court
finds, after notice and hearing as provided by Section 6.07, 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
Dangerous 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
Dangerous Dog if the Owner has not complied with subsection (a) before the 11th
day after the date on which the Dangerous Dog is seized or delivered to the
Animal Control Authority. The court shall order the Animal Control Authority to
return the Dangerous Dog to the Owner if the Owner complies with subsection
(a) before the 11th day after the date on which the Dangerous Dog is seized or
delivered to the Animal Control Authority.
(f) The court may order the humane destruction of a Dangerous Dog if the Owner of
the Dangerous Dog has not been located before the 15th day after the seizure
and Impoundment of the Dangerous 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.
6.09 Inspection.
An Owner of a Dangerous Dog or 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:
(a) the Animal:
(b) the Primary Enclosure or Secure Enclosure for the Animal: and
Ord. No. 369-2008 Animal Control.doc 19 03-11-08
(c) the Owner's records relating to the Animal to ensure compliance with this
section.
6.10 Relocation or Disposition of Animal.
(a) An Owner of a Dangerous Dog or 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 10 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 of the Animal.
6.11 Attack by Animal; Escape of Animal; Liability.
(a) An Owner of a Dangerous Dog or Dangerous Wild Animal shall notify the Animal
Registration Agency of any attack of a human by the Animal immediately after
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 Dog or 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.
6.12 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
Ord. No. 369-2008 Animal Controi.doc 20 03-11-08
(3) provides a safe, healthy, and humane environment for the Animal.
(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.
6.13 Care, Treatment, and Transportation of Dangerous Wild 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. An
Owner of a Dangerous Wild Animal shall make the written 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 Licensed Veterinarian, if applicable.
(c) When transporting a Dangerous Wild Animal, the Owner of the Dangerous Wild
Animal, or a designated carrier or intermediate handler of the Dangerous Wild
Ord. No. 369-2008 Animal Control.doc 21 03-11-08
Animal, shall comply with all transportation standards that apply to that
Dangerous Wild Animal under the Animal Welfare Act (7 U.S.C. §2131 at seq.)
and its subsequent amendments or the regulations adopted under that Act.
6.14 Injunction.
Any Person who is directly harmed or threatened with harm by a violation of this
section or 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.
Anna is not a proper party to such a suit and nothing in this ordinance waives
Anna's immunity from suit or liability.
6.16 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.
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(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;
(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 at 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) a county west of the Pecos River that has a population of less than
25,000;
(13) 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.
6.16 Two -Bite Rule.
If two instances of any Animal biting a human being have occurred within the
Anna city limits, then that Animal is deemed to be a public nuisance and is
prohibited from being present within the city limits of Anna or within 5,000 feet of
the city limits of Anna. The Animal must be removed from said prohibited areas
within 10 days of the second biting incident.
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Section 7. Dogs and Coyotes that area Danger to Animals.
7.01 Running At Large; Criminal Penalty.
(a) 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.
(b) A Person who violates this section commits an offense. An offense under this
subsection is punishable by a fine of not more than $100.
(c) Each time a Dog or coyote runs At Large in violation of this section constitutes a
separate offense.
7.02 Dogs or Coyotes that Attack Animals.
(a) A Dog or coyote that is attacking, is about to attack, or has recently attacked
Livestock, Domestic Animals, or fowls may be killed by:
(1) any Person witnessing the attack; or
(2) the attacked Animal's Owner or a Person acting on behalf of the Owner if
the Owner or Person has knowledge of the attack.
(b) 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.
(c) 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.
(d) 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.
(1) 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.
Ord. No. 369-2006 Animal Controi.doc 24 03-11-08
Section 8. Impoundment of Animals.
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;
(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 notified, it shall be the duty of
Animal Control to impound such Animal as herein provided.
(c) A 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 that is otherwise
subject to release upon:
(1) payment of Impoundment fees;
(2) payment of handling fees:
Ord. No. 369.2008 Animal Control.doc 25 0341-08
(3) payment of any veterinarian bills incurred by Animal Control and Anna's
agents for the welfare of the Animal; and
(4) 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 a court of competent jurisdiction.
(f) If any Animal is being held in Quarantine or observation for Rabies, the Owner
shall not be entitled to possession until the Animal has been released from the
Quarantine observation period by Animal Control and the Owner has satisfied
payment of any Impoundment fees, handling fees, veterinarian bills, or any other
fees incurred while in custody of Animal Control or 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"),
unless under Quarantine by Animal Control or its authorized agents. However,
feral cats shall be held a minimum of three days and 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 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 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.
Q) 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 immediate Euthanization 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.
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(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 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) or 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.
(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 above as deemed by Anna's authorized agent(s). Class D Animals
shall be charged as deemed by Anna's authorized Animal Shelter agent(s). This
fee is in addition to the Impoundment fee as set forth by Anna's authorized
Animal Shelter agent(s). Class B and Class C Animals shall be impounded by
Collin County 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 at the rates set forth and published by Anna's authorized Animal
Shelter agent(s). This fee 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 at the rates set forth and published by Anna's
authorized Animal Shelter agent(s). This fee is in addition to Impoundment fees
Ord. No. 389.2008 Animal Control.doo 27 03-11-08
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.
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, horse, donkey, or mule
(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. Any one adult cow or horse and its young up to
nine months of age are permitted on one acre. Agriculture properties are exempt under
this section, as long as the Person does not keep more than can be cared for under
sanitary conditions and/or create a nuisance. The Person in lawful possession of the
premises, as Owner or tenant, may keep thereon cattle, horses, calves, or foals
belonging to others; however, the Person must comply with all requirements of this
section. Any agricultural premises shall not be operated 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.
Ord. No. 369-2008 Animal Control.doo 28 0311-08
A gate for a Small Livestock enclosure shall be mounted on hinges to a solid wall or
fence post. Such a gate must connect with another fence post or wall in 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 the enclosed area. The
gate must have a latch or chain attached capable of keeping it 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 100 feet from any human living quarters
measured in a straight line from any direction, whether occupied or unoccupied.
Notwithstanding the foregoing, if the human living 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.
Ord. No. 369-2008 Animal Controi.doo 29 03-11-08
10.06 Confine of Male Horses.
Male Equines, including, but not limited to, horses capable of breeding, will be confined
in such a manner that said Animals 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. Additionally, not more than 114 of the maximum
allowable number of such fowl may be of the male species.
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
chickens, ducklings, other fowl, or rabbits, or to possess for the purpose of 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.
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(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 that 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 assistance as may be possible and shall immediately report such injury or
death to the Animal's Owner. In the event the Animal's Owner cannot be
ascertained and/or located, such Person shall at once report the accident to
Animal control or the appropriate law enforcement agency.
(e) No Person shall intentionally or knowingly trip or tip over a horse or other equine
or bovine.
(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.
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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 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.
(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 that 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
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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, alter, 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 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 (i.e.
temperatures below 40 degrees Fahrenheit, rain/snow, or excessive heat), cover
traps must be covered with a blanket, placed in the shade, placed in an
enclosure, or otherwise arranged to mitigate the effect of the weather on the
Animal.
Section 16. Assistance or Therapy Animals
Upon request of an Animal Control Officer, the Owner or user of an Assistance Animal
or Therapy Animal shall provide written proof signed by a licensed physician that
removal of the Animal would be detrimental to the Person who requires the Animal for
assistance.
Section 17. Enforcement
(a) Enforcement of this ordinance shall be the responsibility of Animal Control and/or
other authorized Anna personnel and/or its authorized agent(s).
(b) 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.
(c) If the Person being cited is not present, Animal Control or other authorized
personnel or Anna's authorized agent(s) may send a citation to the alleged
offender. Notice may be given in any one of the following ways: (a) sent via
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registered or certified mail addressed to the Owner at the Owner's address, or (b)
by hand delivery to the Owner at the Owners address. If Anna or its authorized
agent(s) 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 to be delivered.
(d) It shall be unlawful for any Person to interfere with Animal Control or any
authorized Person, or any authorized agent in the performance of their duties
under this ordinance.
(e) 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 in exigent circumstances 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 18. 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. 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.
Section 19. 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 20. 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.
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PASSED by the City Council of the City of Anna, Texas, this 11th day of March, 2008.
ATTESTED: APPROVED:
Ci� Secretary, Nathat
Wilkison Mayor,
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