HomeMy WebLinkAboutOrd 2002-02 Dangerous Animals.pdfCITY OF ANNA, TEXAS
ORDINANCE NOd=,)--a�—
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, RELATING TO THE
REGULATION OF DANGEROUS WILD ANIMALS, PROVING FOR CIVIL PENALTIES
AND PROSECUTION AND PUBINSHMENT FOR VIOLATION THEREOF;
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the State of Texas requires that municipalities in the state either prohibit or
regulate dangerous wild animals within the corporate limits of municipalities, and
WHEREAS, the City Council of the City of Anna desires to prohibit rather than regulate
such animals, now therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS,
Section 1. Definitions
For purposes of this ordinance the following words and phrases shall have the meaning
as indicated herein:
(1) "Animal registration agency" means the 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.
(2) "Board" means the Texas Board of Health.
(3) "Commercial activity" means:
(A) an activity involving a dangerous wild animal conducted for profit that is not
inherent to the animal's nature;
(B) an activity for which a fee is charged and that is entertainment using or an
exhibition of the animal; or
(C) the selling, trading, bartering, or auctioning of a dangerous wild animal or a
dangerous wild animal's body parts.
(4) "Dangerous wild animal" means:
(A) a lion;
(B) a tiger,
(C) an ocelot;
(D) a cougar;
(E) aleopard;
(F) a cheetah;
(G) ajaguar;
(H) a bobcat;
(1) a lynx;
(J) a serval;
Paae 1 of 3
(K) a caracal;
(L) a hyena;
(M) a bear;
(N) a coyote;
(0) 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.
(5) "Owner" means any person who owns, harbors, or has custody or control of a
dangerous wild animal.
(6) "Person" means an individual, partnership, corporation, trust, estate, joint stock
company, foundation, or association of individuals.
(7) "Primary enclosure" means any structure used to immediately restrict an animal to a
limited amount of space, including a cage, pen, run, room, compartment, or hutch.
Section 2. 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.
Section 3. Exemption
A person is exempt from the requirements of this ordinance 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. Section 2131 et seq.) and
its subsequent amendments.
Section 4. Offense and Penalty
(a) A person commits an offense if the person violates Section 2 of this ordinance.
Each animal with respect to which there is a violation and each day that a
violation continues is a separate offense.
(b) A person who violates Section 2 of this ordinance is liable for a civil penalty of not
less than $200 and not more than $2,000 for each animal with respect to which
there is a violation and for each day the violation continues.
(c) The City may sue to collect a civil penalty.
(c) The City may also recover the reasonable costs of investigation, reasonable
attorney's fees, and reasonable expert witness fees incurred by the animal
registration agency in the civil action. Costs or fees recovered under this
subsection shall be credited to the operating account from which payment for the
animal registration agency's expenditures was made.
Section 5. Injunction
Any person who is directly harmed or threatened with harm by a violation of this
ordinance or a failure to enforce this ordinance may sue an owner of a dangerous wild
animal to enjoin a violation of this ordinance or to enforce this ordinance.
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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