HomeMy WebLinkAboutOrdinances (O-14-1923)-09/16/2014 ORDINANCE 0-14-1923
AMENDING THE CITY OF COLLEYVILLE CODE OF ORDINANCES,
CHAPTER 14-ANIMALS, REPEALING IN ITS ENTIRETY, ORDINANCE
0-10-1787; AMENDING CHAPTER 102-VEHICLES FOR HIRE, BY
ADDING SEC. 102-31 — COMMERCIAL HORSE DRAWN CARRIAGES;
PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF $500.00
, FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Colleyville is authorized to adopt ordinances to
protect the health, safety, and welfare of its citizens; and
WHEREAS, the City of Colleyville has determined that it is a necessity
to regulate activities as provided for herein to safeguard the
public; and
WHEREAS, the City of Colleyville is authorized by law to adopt the
provisions contained herein, and has complied with all the
prerequisites necessary for the passage of this ordinance; and
WHEREAS, all statutory and constitutional requirements for the passage
of this ordinance have been adhered to, including but not
limited to the Open Meetings Act; and
WHEREAS, the purposes of this ordinance are to promote the public
health, safety, and general welfare of the citizens of the City of
Colleyville and to ensure the humane treatment of animals by
regulating the care and control of animals within the City.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT all matters stated hereinabove are found to be true and
correct and are incorporated herein by reference as if copied in
their entirety.
Sec. 2. THAT Chapter 14-Animals of the City of Colleyville Code of
Ordinances is hereby amended in its entirety and replaced by
the following:
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Chapter 14 - ANIMALS, FOWL, INSECTS, AND REPTILES
Sec. 14-1. - Definitions.
The following words and phrases, for the purpose of this chapter, shall have
the following meanings:
Adequate fencing. A fence, which contains livestock, or any other animal upon
the owner's or occupier's property, and prevents same from escaping.
Animal. Unless otherwise stated, includes any living creature including, but
not limited to, dogs, cats, cows, horses, birds, fish, mammals, reptiles,
insects, fowl, and livestock, but specifically excluding human beings.
Animal control authority. Means a municipal or county animal control officer
with authority over the area in which the animal is kept or the county sheriff
in an area that does not have an animal control office.
Animal Control Officer. The person or persons designated by the chief of police
to represent and act for the City in the impoundment of animals, controlling
of stray animals, and as otherwise required in this chapter.
nimal shelter. Colleyville, Keller, Southlake Regional Animal Services and
Adoption Center, 330 Rufe Snow Drive, Keller, Texas.
t large. An animal that is not confined to the premises of its owner; inside
he house or other enclosure, by a containment device of sufficient strength
and/or height to prevent an animal from escaping therefrom, or secured on
aid premises by a leash of sufficient strength to prevent the animal from
escaping from said premises, and so arranged that the animal will remain
upon said premises when the leash is stretched to full length in any direction.
A n animal shall not be considered "at large" when held and controlled by some
person by means of a leash or chain of proper strength and length to control
he action of the animal, or while confined within a vehicle.
uction. Any place or facility where animals are bought, sold, or traded, except
or those facilities otherwise defined in this chapter. This definition does not
pply to individual sales of animals by owners.
ats. The word "cats" when used herein shall mean cats of all ages, both male
nd female.
ollar. Any neck restraint constructed of nylon, leather, or similar material,
.pecifically designed to be used for an animal.
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Custodian. A person or agency, which feeds, shelters, harbors, owns, has
possession or control of, or has the responsibility to control an animal.
Dangerous Animal (A) makes an unprovoked attack on a person or animal
that causes bodily injury and occurs in a place other than an enclosure in
which the animal was being kept and that was reasonably certain to prevent
the animal from leaving the enclosure on its own; or (B) commits unprovoked
acts in a place other than an enclosure in which the animal was being kept
and that was reasonably certain to prevent the animal from leaving the
enclosure on its own and those acts cause a person to reasonably believe that
the animal will attack and cause bodily injury to a person or animal.
Dogs. The word "dogs" when used herein shall mean dogs of all ages, both
male and female.
Exotic animals. Any animal not normally considered domesticated including,
but not limited to, capuchin or other similar small or new world monkeys,
nonvenomous snakes, nonvenomous lizards, or any other wild animal not
typically capable of doing serious bodily harm to humans as determined by
the City.
Fee ordinance. The Colleyville Code of Ordinances, Chapter 2-Administration,
Article II - Finance, Section 2-16 - Fees and Charges, as published or
amended by ordinance.
Fowl. Chickens, turkeys, pheasant, peacocks, quail, geese, ducks, or similar
feathered animals, regardless of age, sex or breed..
is, He, Him; Masculine gender of wording used throughout this ordinance
shall always be defined and interpreted to mean either sex.
ivestock. Horses, mules, donkeys, cattle, goats, sheep, Asian potbellied pigs,
wine, ostriches, emus, and llamas, regardless of age, sex, or breed.
ocal Rabies Control Authority (LRCA). The officer designated by the municipal
.r county governing body under the Texas Health and Safety Code, §826.017.
uisance. Whatever is dangerous to human life or health. Whatever renders
he ground, the water, the air, or food, a hazard or injury to human life or
' ealth, or that is or threatens to become, detrimental to the public health, or
ontributes to urban blight or decay.
owner. Any person who has care, custody, and control of any animal, harbors
•r keeps any animal in his possession, or who permits any animal to remain
.n, or about, his premises.
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Pet shop. Any person, partnership, or corporation, whether operated
separately or in connection with another business enterprise, except a licensed
kennel, that buys, sells, or boards any species of pets.
Possession. Actual care, custody, control, or management of a certain animal.
Premises. (A) A parcel of land (one (1) or more contiguous lots) owned,
leased, or controlled by one (1) or more persons; or (B) A building or part of
a building.
Prohibited animals or hazardous animal. Any animal not normally considered
v v
domesticated and capable of (or inclined to do) serious bodily harm to humans
or other animals, or fowl as determined by the City. These animals include,
but are not limited to, any venomous lizard, snake, boa constrictor, python,
emperor scorpion, bat, raccoon, skunk, fox, bear, elephant, kangaroo, all non-
human primates other than small monkeys weighing twenty (20) pounds or
less, antelope, deer, wolf, or wolf-hybrid, lion, tiger, ocelot, bobcat or any
other large cat, alligator, crocodile, feral swine, and their allies.
Properly fitted. With respect to a collar, a collar that measures the
circumference of an animal's neck plus approximately one inch.
Restraint. A chain, rope, tether, leash, cable, or other device that attaches an
animal to a stationary objector trolley system.
Secure enclosure. Means a fenced area or structure that is:
(1) Locked;
(2) Capable of preventing the entry of the general public, including
children;
(3) Capable of preventing the escape or release of the animal; and
(4) Clearly marked as containing a dangerous animal.
ervice Animal. Any guide dog, signal dog, or other animal individually trained
o provide assistance to an individual with a disability.
tray Anima/. An animal, which is not on a leash, or enclosed in an adequately
enced yard, or secure enclosure.
accination. An injection of any vaccine for rabies approved by the state
eterinarian and administered or supervised by a licensed veterinarian.
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Sec. 14-2. - Animals in residential areas; limitations.
(a) The owner and any person having control over any animal or fowl shall
keep the same confined within a building or adequate fencing at all
times.
(b) It shall be unlawful to permit any animal to:
(1) Roam, wander upon or remain upon any public property or street,
while unattended by the owner or person having control; or
(2) Go upon or remain upon any private property without the consent
of the owner of the property.
(c) Any owner or person having control of any animal or fowl shall keep
all hay, grain and feed used in connection with the maintenance
thereof enclosed in such manner that the same is not accessible to
rats, flies, mosquitoes or other rodents or insects.
Sec. 14-3. — Licensing requirements.
(a) All dogs and cats within the City, four (4) months of age or older, shall
be licensed yearly; however, before the license shall be issued, the
owner of the dog or cat must present to the Animal Shelter or at
Colleyville Justice Center, a certificate from a licensed veterinarian
showing that said dog or cat has been vaccinated within the preceding
12 months with a one-year serum, or within the preceding 36 months
with a three-year serum. Such vaccination certificate shall reflect the
name of the owner, his address, a description of the dog or cat, the
date of the vaccination, the number of the vaccination tag, and the
kind of vaccination used. The veterinarian shall provide the owner with
a metal tag, on one (1) side of which is stamped the words "Vaccinated
Against Rabies", the date of the vaccination, veterinarian, business
name, and control number. This tag shall be securely attached to the
collar or harness of the dog or cat at all times, and will aid in the
identification of the animal.
(b) To aid in identification of the pet owner and return of the animal in the
event of impoundment, all dogs and cats must be licensed and
registered with the City. Upon presentation of a certificate of
vaccination and a completed application for a license to the Animal
Shelter or at Colleyville Justice Center, an animal control officer will
file the application and certificate for retention by the animal control
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officer and issue the owner of the dog or cat a metal City tag to be
securely attached to the collar or harness of the dog or cat. The tag
must be worn at all times. If the original current registration tag is lost
or destroyed, the owner must obtain a duplicate by paying a fee.
Registration shall be renewed annually. If there is a change in
ownership, the new owner shall have the registration transferred to
his name within ten (10) days. All fees for registration, duplicate tags,
and registration transfer shall be the fees designated by the City of
Colleyville fee ordinance.
(c) It shall be unlawful for any person within the City to own, keep,
possess, harbor, or allow to remain upon the premises under his
control any dog or cat without having proof that such animal is
immunized against rabies as required by this section.
(d) All capuchin or other similar small or new world monkeys weighing
twenty (20) pounds or less will be required to be licensed and
registered with the City. Upon presentation of a certificate of health
from a licensed veterinarian and a completed application for a license
to the Animal Shelter or at the Colleyville Justice Center, an animal
control officer will file the application and certificate for retention by
the animal control officer.
(e) This section shall not apply to fish, birds, ungulates, or any of the
following list of animals: hamsters, guinea pigs, rabbits, rats, mice,
gerbils, or any animal other than a dog or cat, which in the opinion of
the licensed veterinarian would be endangered by rabies vaccination.
Sec. 14-4. - Animals running at large.
Any person owning, possessing, or keeping an animal or animals within the
City, whether vaccinated or unvaccinated, licensed or unlicensed, shall not
allow such animal or animals to be at large within the city limits of the City of
Colleyville.
Sec. 14-5. - Impounding of animals.
he animal control officer shall take into custody any domestic animal found
.t large in the City, and shall impound the animal in the Animal Shelter. Such
impounded animal shall be held for a period of three (3) days, and at the end
if that time, if the animal has not been redeemed, and the proper fee paid as
•escribed herein, the animal may be adopted or disposed of in a humane and
•roper method. Every reasonable effort by the animal control officer, to
Include but not limited to, contacting the impounded animal owner by
elephone, email, or any other available means of contact will be made.
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Sec. 14-6. - Authority to kill, impound, or destroy animals.
The animal control officer shall have the authority to do the following:
(a) Kill an animal, which poses an imminent danger to a person or property
and a real or apparent necessity exists for the destruction of the
animal.
(b) Impound an animal, which is diseased and endangers the health and
welfare of another animal or person.
(c) Destroy an impounded animal if the animal control officer determines
that recovery of the animal is doubtful due to injury or disease.
Sec. 14-7. - Impoundment fees; dog or cat.
(a) The owner of an impounded animal shall pay a fee to redeem such
animal from the City. The fee is designated within the fee ordinance.
(b) Any person claiming a dog or cat that has not been vaccinated or fails
to have proof of vaccination within the last year may be cited for failing
to vaccinate under Section 14-3. Before the release of the dog or cat,
the owner shall sign a promise in writing that the dog or cat will be
vaccinated for rabies immediately upon release from the Animal
Shelter. The animal control officer shall keep such statement on file
until receiving proof of vaccination.
(c) If an owner does not redeem an animal within the time-period set forth
in Section 14-5, the animal shall be subject to adoption or other
disposition. Any animal that is subject to adoption shall meet all the
procedures set forth in Section 14-12, including payment of fees,
vaccination, and alteration by spaying or neutering, as required.
Sec. 14-8. - Prohibited animals or hazardous animal.
(a) No person or entity shall be allowed to keep, display, or exhibit any
prohibited animal or hazardous animal within the City, or allow such
activity to occur, except as provided by this section.
(b) A temporary permit may be issued to temporarily house and display a
prohibited animal or hazardous animal for educational purposes,
provided the following conditions are met:
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(c) No person or entity shall be allowed to keep, display, or exhibit any
prohibited animal or hazardous animal without first registering the
animal with the animal control authority.
(1) Application
a. Deadline. An application for that purpose must be
submitted to the animal control authority no less than ten
(10) working days prior to the intended time for the exhibit;
b. Contents of application. The application form shall include
the name, address, email address, and telephone
number(s) of the applicant; the applicant's ownership
interest in the animal and the educational display or
program; the proposed location and duration of the
educational display or program, and the name, address, and
telephone number(s) of the owner or lessee of that location;
a general description of the animal, including age, date-of
birth if known, the classification of the animal, and a
description of the confinement plan; and any information
about the vicious or dangerous propensities of such animal,
including any prior history of any incidents; and a
description of the exhibit or program, including any
confinement plan and housing arrangements for the animal.
(2) Insurance. Applicant must have liability insurance and must
provide proof of liability insurance coverage or financial
responsibility in an amount of at least $250,000, which amount
may be increased if needed to cover damages, injury, or death
resulting from the animal(s), to be in effect during the duration of
the temporary permit.
(3) Approval. Approval of the application for a temporary permit and
its duration is within the sole discretion of the city manager or
designee.
(4) Terms of permit. The applicant must abide by all terms of the
permit.
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(5) Revocation of permit. The permit may be revoked if it is
determined that the applicant did not fully and truthfully disclose
all required information, or if the applicant does not abide by the
terms of the temporary permit, or if it is reasonably necessary to
protect against an immediate threat or danger to the public health
or safety.
Sec. 14-9. - Impoundment fees for livestock, fowl, or prohibited
animals.
The animal control officer may use a collection and holding service franchised
with the City of Keller or a Tarrant County Constable to collect and hold
livestock, fowl, or prohibited animals found at large. The owner of any
impounded livestock, fowl, or prohibited animal shall pay whatever fee as may
be charged by the City of Colleyville fee ordinance and/or Tarrant County in
order to redeem livestock, fowl, or prohibited animals, from the County.
Sec. 14-10. - Euthanasia.
If the lawful owner of an animal requests euthanasia, the owner must first
sign the required forms before destruction.
Sec. 14-11. - Deadly force.
Deadly force may be used against any animal presenting an imminent risk of
death or serious bodily injury. Usage of non-deadly force methods to control
an animal, such as apprehension or tranquilizing, shall not be required if such
methods would add to or prolong the risk of death or serious bodily injury to
persons or animals.
Sec. 14-12. - Adoption.
A person who desires to adopt an animal from the Animal Shelter shall:
(1) Pay an adoption and alteration fee as designated by the
Colleyville, Keller, Southlake Regional Animal Services and
Adoption Shelter; and
(2) Pay any license fee if required; and
(3) Have the animal vaccinated for rabies, (when required) within five
(5) days after adoption; and
(4) Have the animal spayed or neutered within fourteen (14) days
after adoption, providing the animal is of the proper age for such
procedure; and
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(5) Any person desiring adoption shall also sign a promise in writing
that the animal will be vaccinated and spayed or neutered within
the time periods as outlined in Subsections (3) and (4).
The animal control officer shall make the final determination whether an
animal is healthy enough for adoption. However, such a decision by the animal
control officer to permit adoption of a particular animal shall not constitute a
warranty, expressed or implied, of the health or age of the animal.
Sec. 14-13. - Report of rabies cases required; confinement of dog, cat,
or other animal.
(a) It shall be the duty of the owner, custodian or veterinarian to report
to the Colleyville, Keller, Southlake Regional Animal Services all cases
of rabies or suspected rabies which the owner, custodian or
veterinarian knows or should know. Any animal that has or is
suspected of having rabies, that has symptoms of rabies, has been
exposed to rabies or some other facts suggest that rabies is a concern
in regard to the animal shall be quarantined as required by law and
direction of the designated LRCA for Colleyville, Keller, Southlake
Regional Animal Services
Sec. 14-14. - Confinement required of a dog, cat or other animal that
has bitten a person.
(a) When an animal has bitten, scratched, or otherwise attacked a person,
that person or anyone having knowledge of such incident, shall
immediately notify the Colleyville, Keller, Southlake Regional Animal
Services, and such animal shall be confined in the Animal Shelter or at
a veterinary hospital for a period of not less than ten (10) nor more
than thirty (30) days, as specified by Colleyville, Keller, Southlake
Animal Services.
(b) If, after the confinement period, the owner fails to pick up the animal,
the owner may be informally given a courtesy notice by the City by
telephone or email and shall be formally notified by the City by either
certified mail, personal delivery, or other method designed to provide
notice to the owner as well as proof of such notice. The owner may be
granted five (5) additional days to pick up the animal at a charge as
indicated in the fee ordinance. Five days after the end of the
confinement period, if the animal is not picked up by the owner, the
Animal Control Officer may place the animal for adoption or other form
of disposition of the animal, pursuant to the terms of this Chapter.
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(c) At the option of the Animal Control Officer, and if all conditions of state
law, as currently exist, or as may be amended, and regulations are
met, the Animal Control Officer may allow for home quarantine, so
long as all conditions ,required by the Animal Control Officer are met.
If all conditions are not met, the Animal Control Officer may require
that the animal be brought to the animal shelter, or a veterinarian for
the remainder of the quarantine period.
Sec. 14-15. - Quarantine fee.
The owner of any dog, cat or other animal held in quarantine for observation
purposes shall be charged a quarantine fee as designated in the fee ordinance.
This fee is in addition to any impoundment fee(s).
Sec. 14-16. - Dangerous dogs or animals; procedures and hearing.
(a) Report of attack. The animal control officer may receive a report
concerning a dog or animal, which has bitten or attacked a human or
animal. A complainant, who wishes the matter be heard, must file with
the Colleyville-Keller Municipal Court, a written sworn complaint that
must contain the following known information:
(1) Name, address, and telephone number of the complainant and
any other witnesses;
(2) Date, time, and location of incident(s);
(3) A complete description of the dog or animal (breed, if known, as
well as color and size);
(4) Name, address, and telephone numbers of owners, if known, or
the premises where the dog or animal is located;
(5) A statement that the dog or animal has bitten or attacked a
person or animal;
(6) A statement that the dog or animal has exhibited vicious
propensities in its past conduct; and
(7) Any other facts and circumstances relating to the incident.
(b) Procedure after complaint is filed: After a sworn affidavit (complaint)
is filed, Colleyville, Keller, Southlake Regional Animal Services shall
investigate the complaint to determine if the dog or animal is
dangerous.
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(1) Animal Service Findings. Colleyville, Keller, Southlake Regional
Animal Services (animal services) shall make a finding regarding
whether or not the dog or animal is dangerous. If the dog or
animal is found to be dangerous, animal services shall notify the
owner of the determination, by personal service, or certified mail
- return receipt request. The notification will advise the owner
of the right to appeal and will require that the owner perform the
following requirements within 30 calendar days from receipt of
the notice:
a. Register the dangerous dog or animal with Colleyville,
Keller, Southlake Regional Animal Services;
b. Restrain the dangerous dog or animal at all times on a leash,
in the immediate control of an adult, who is at least
seventeen (17) years of age, or in a secure enclosure;
c. Obtain and provide proof to the Colleyville, Keller, Southlake
Regional Animal Services of liability insurance coverage, or
provide proof of such liability insurance or proof of current
financial responsibility, in an amount of at least one hundred
thousand dollars ($100,000) to cover damages resulting
from an attack by the dangerous dog or animal causing
bodily injury or other damage to a person;
d. Post on all fences that face public areas, signs that state in
bold letter "DANGEROUS ANIMAL." All signs must be
obtained from and approved by the Colleyville, Keller,
Southlake Regional Animal Services;
e. Require that the dangerous dog or animal wear an orange
collar and red tag at all times. All collars and tags must be
obtained from and approved by Colleyville, Keller, Southlake
Regional Animal Services.
(2) Appeal of determination. The owner of a dangerous dog or
animal may appeal animal services determination to the
Colleyville-Keller Municipal Court no later than the fifteenth
(15th) calendar day after being notified of the animal services
determination. The municipal court of respective jurisdiction
shall conduct a hearing within fifteen (15) days, to determine if
the dog or animal is dangerous. At such hearing, the municipal
court may receive testimony concerning the incident under
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investigation, and/or consider the affidavits and/or complaints
on file, to determine if the dog or animal is dangerous. If the dog
or animal is found dangerous, the municipal court shall, for the
protection of the public health, safety, and welfare of the
community, mandate compliance with Subsection (b) (1) a., b.,
c., d., and e.; determine whether the dog or animal should be
removed from the corporate city limits of Colleyville, Keller or
Southlake, humanely destroyed by animal services, a
veterinarian, or released to an animal rescue organization.
(3) Procedure when no appeal.
a. If the owner of the dangerous dog or animal does not
comply with Subsection (b) (1) a., b., or c. above, within
thirty (30) calendar days of being notified the animal has
been found dangerous, nor has appealed pursuant to
Section (b) (2) above, the owner shall surrender the animal
to the Colleyville, Keller, Southlake Regional Animal
Services. If the owner does not surrender the animal, then
the animal control officer shall obtain from the presiding
municipal court, a warrant, authorizing the animal control
officer to seize the animal. Thereafter, the animal control
officer shall seize the animal, or order its seizure, and
provide a secure and humane place for the impoundment of
the animal.
b. If the owner complies with subsection (b) (1) a., b., and c.,
above, before the eleventh (11th) day on which the
dangerous dog or animal was seized or was surrendered to
the animal control officer, the presiding municipal court shall
order the return of the dangerous dog or animal.
c. If the owner has not complied with subsection (b) (1) a., b.,
and c., above, before the eleventh (11th) day on which the
dangerous dog or animal was seized or surrendered to the
animal control officer, the presiding municipal court shall,
for the protection of the public health, safety, and general
welfare of the community, determine whether the animal
should be removed from the corporate City limits of the City,
humanely destroyed by the animal control officer, a
veterinarian, or released to an animal rescue organization.
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(c) The owner of an impounded dangerous dog or animal shall be held
responsible for any cost or fee assessed by the City related to the
seizure, impoundment, and destruction of the dangerous dog or
animal.
Sec. 14-17. - Failure to release or remove dog or animal.
A person commits an offense if he knowingly possesses and fails to release to
the animal control officer a dog or animal that has been charged by sworn
affidavit as provided in Section 14-16`Dangerous dogs or animals; procedures
and hearing". A person commits an offense if the person knowingly possesses
and fails to remove a dog or animal determined to be dangerous under Section
14-16 "Dangerous dogs or animals; procedures and hearing" from the
corporate limits of the City.
Section 14-16 specifies notification process consisting of notifying the owner
by personal service or certified mail - return receipt requested, or by order of
the presiding municipal court.
Sec. 14-18. - Public nuisances.
No person shall willfully or knowingly keep or harbor on his premises or
elsewhere any animal, livestock, or fowl of any kind that makes or creates an
unreasonable disturbance to the neighbors or the occupants of adjacent
premises or persons living in the vicinity thereof. Unreasonable disturbance
includes, but is not limited to, animal making or creating prolonged noises by
howling, barking, bawling, or otherwise. It shall create a presumption that a
person has knowledge that the animal under their control is making or creating
an unreasonable disturbance if such person shall have been notified by the
animal control officer or any peace officer of such disturbance and:
a. failed or refused to correct such disturbance; or
b. prevent its recurrence.
(1) It shall be unlawful for any owner of any animal to maintain
yards, pens, stables, sheds, coops, or other enclosures in which
any animal is confined in such a manner as to give off odors
offensive to persons of ordinary sensibilities residing in the
vicinity, or to breed or attract flies, mosquitoes, or other noxious
insects or rodents, or in any manner to endanger the public
health, safety, or welfare, or to create a public nuisance.
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(2) Manure and droppings shall be removed from pens, stables,
yards, coops, and other enclosures regularly and handled or
disposed of in such a manner as to keep the premises free of
any nuisance.
(3) Mound storage of droppings of manure between such removals
shall be permitted, only under such conditions as to protect
against the breeding of flies, rodents, and to prevent the
migration of fly larvae (maggots) into the surrounding soil.
(4) The feeding of vegetables, meat scraps, or garbage to livestock
shall be done only in impervious containers, or on an impervious
platform.
(5) Watering troughs or tanks shall be provided by the owner, which
shall be equipped with adequate facilities for draining the
overflow so as to prevent the breeding of flies, mosquitoes, or
other insects.
(6) No putrescible material shall be allowed to accumulate on the
premises; and all such material used to feed which is
unconsumed shall be removed and disposed of by sanitary
means.
(7) It shall be unlawful for any person to maintain any animal, which
repeatedly trespasses on public property, attacks other animals,
or causes damage to public or private property.
(8) No person shall willfully or knowingly allow a stray animal to
remain on his premises. Any person willfully or knowingly who
feeds or waters stray animals, or in any way encourages a stray
animal to remain on his property, shall be in violation of this
ordinance. All provisions of this ordinance shall apply to that
person.
-ec. 14-19. - Violations; enforcement.
he animal control officer shall have the authority to issue citations for any
iolation of this chapter:
(1) It shall be unlawful for any person upon being issued a citation
to give the animal control officer any personal identification
information other than his true name and address.
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(2) It shall be unlawful to fail to appear in accordance with the terms
of a citation issued by the animal control officer.
(3) If the person being cited is not present, the animal control officer
may send the citation to the alleged offender by certified or
registered mail, return receipt requested, whereupon service
shall be deemed complete.
(4) It shall be unlawful for any person to interfere with the animal
control officer in the performance of his duties.
(5) The animal control officer shall have the right of ingress and
egress on private property for the purpose of apprehending
animals at large.
Sec. 14-20. - Authority to carry tranquilizer guns.
When acting in the course and scope of his employment, the animal control
officer shall be, and is hereby authorized, to carry on his person, or in his City
vehicle, loaded tranquilizer guns approved by the Keller Support Services
Commander; who oversees animal control as designated by the City of Keller
Chief of Police; and not in violation of any provision of the Texas Penal Code.
or any other applicable federal, state, or local law, as currently written, or as
may be amended.
Sec. 14-21. - Confinement of animals by individuals.
If an animal is found upon the premises of another, 'the occupant of the
premises may confine the animal only for so long as reasonably necessary to
notify animal services and have the animal impounded. In attempting to
confine the animal, the occupant, shall not use any means or force that could
constitute cruelty to an animal, or behave in a cruel manner, as defined by
the Texas Penal Code, toward the animal.
Sec. 14-22. - Abandonment of animals.
It shall be unlawful for any person to abandon any animal within the corporate
limits of the City.
Sec. 14-23. - Confinement of animals.
It shall be unlawful for any person to confine or allow to be confined, any
animal, in a motor vehicle, or trailer, under such conditions, or for such a
period of time, as may endanger the health or well-being of the animal due to
heat, lack of food or water, or any other circumstance which causes suffering,
disability, or death of the animal.
Ordinance 0-14-1923
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Sec. 14-24. — Service animals.
Privately owned businesses that serve the public, such as restaurants, hotels,
retail stores, theaters, halls, and sports facilities, are prohibited from barring
individuals with disabilities to bring their service animals onto business
premises in whatever areas customers are generally allowed.
Sec. 14-25. - Poisoning of animals prohibited.
(a) No person shall, in any place accessible to birds, dogs, cats or other
animals, with the intent to kill or harm such animals, place any
substance, which has in any manner been treated with any poisonous
substance.
(b) The above Subsection does not apply to the elimination of rodents,
such as mice or rats, provided that a person is required to not allow
the placement of harmful or poisonous substances in places where
domestic animals might ingest the harmful or poisonous substance,
even if the purpose of the substance is to eliminate rodents.
Sec. 14-26. - Fight upon exhibition.
No person shall maintain any place where fowl or any animals are suffered to
fight upon exhibition, or for sport upon wager.
Sec. 14-27. - Unlawful restraint of a dog.
(a) Prohibited Acts: An owner may not leave a dog outside and
unattended by use of a restraint that unreasonably limits the dog's
movement:
(1) between the hours of 10 p.m. and 6 a.m.;
(2) within 500 feet of the premises of a school; or
(3) in the case of extreme weather conditions, including conditions
in which: (A) the actual or effective outdoor temperatures is
below 32 degrees Fahrenheit; or (B) a heat advisory has been
issued for the jurisdiction by the National Weather Service.
(b) Restraints: In this section, a restraint shall be presumed to
unreasonably limit a dog's movement if the restraint:
(1) uses a collar that is a pinch-type, prong-type, or choke-type, or
that is not properly fitted to the dog;
Ordinance 0-14-1923
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(2) is a length shorter than the greater of (A) five (5) times the
length of the dog, as measured from the tip of the dog's nose
to the base of the dog's tail; or (B) ten (10) feet;
(3) is in an unsafe condition; or (4) causes injury to the dog.
(c) Exceptions: Subsection (a) does not apply to:
(1) a dog restrained to a running line, pulley, or trolley system and
that is not restrained to the running line, pulley, or trolley
system by means of a pinch-type, prong-type, choke-type, or
improperly fitted collar;
(2) a dog restrained in compliance with the requirements of a
camping or recreational area as defined by a federal, state or
local authority or jurisdiction;
(3) a dog restrained for a reasonable period, not to exceed three
hours in a 24 hour period and no longer than is necessary to
allow the owner to complete the temporary task that requires
the dog to be restrained, but those three (3) hours cannot be
within the prohibited times of 10 p.m. to 6 a.m. set forth above;
a dog restrained while the owner is engaged in, or actively
training for, an activity that is conducted pursuant to a valid
license issued by the state if the activity for which the license is
issued is associated with the use or presence of a dog
(d) Penalty:
(1) a person commits an offense if the person knowingly violates
this section;
(2) a peace officer or animal control officer who has probable cause
to believe that an owner is violating this section shall provide the
owner with a written statement of that fact. The statement must
be signed by the officer and plainly state the date on which and
the time at which the statement is provided to the owner;
(3) a person commits an offense if the person is provided with a
statement described in (d) (2) and fails to comply with this
section within 24 hours of the time the owner is provided with a
statement. A first time offense under this section is a Class C
Misdemeanor. If a person has been previously convicted of this
Ordinance 0-14-1923
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offense, the person shall be prosecuted under state law,
providing for a more serious penalty;
(4) if a person fails to comply with this subchapter with respect to
more than one dog, the person's conduct with respect to each
dog constitutes a separate offense;
(5) a person may be prosecuted under this law or any other law or
both.
(e) This section does not prohibit a person from walking a dog with a
hand-held leash.
(f) This section does not authorize a person to allow a dog to run at
large.
ec. 14-28. - Food and shelter.
No person shall fail to provide any animal in his charge or custody with
.ustenance, drink, and protection from the elements, or cause any of these
.cts to be done.
ec. 14-29. Fowl.
(a) It shall be illegal to knowingly house any fowl within City limits,
including, but not limited to roosters, ducks, turkeys, geese, pigeons,
or guineas, unless the requirements of this ordinance are met. This
prohibition does not apply to wild fowl in local parks or lakes or
ponds. This section does not apply to indoor birds kept as pets, such
as parakeets, canaries or parrots. Roosters are allowed on properties
R-20 and larger in size.
(1) The number of chickens kept in R20 or larger must not create a
nuisance as defined in this ordinance or by other City of
Colleyville Code of Ordinances.
(2) This Section applies to properties less than R-20 in size:
a. Chickens shall be allowed to be kept as a pet under the
following conditions:
b. The chickens must be female chickens only and shall not
create a nuisance as defined in this ordinance or by other
City of Colleyville Code of Ordinances.
c. Chickens must be in a secure pen, coop, or enclosed yard,
and pen, coop, or fence must be of secure construction and
Ordinance 0-14-1923
Page 20 of 29
strength to keep the chickens from running at large. A pen
or coop must be at least five feet (5') from any property
line.
d. All provisions of Section 14-18 apply.
e. This section does not enlarge any of the uses allowed for
single family zoning, including, but not limited to, any use
of residential property for commercial farming purposes,
which remains expressly forbidden.
person No p o n shall butcher or display the carcass of an animal in an area
that is in the view of the public. This prohibition does not apply to
cooking fowl or meat on a grill, barbecue or other outdoor cooking
apparatus.
ec. 14-30. - Sale of baby fowl, ducks.
i t shall be unlawful for any person to sell or offer for sale, lease, rent, or in
ny way transfer, barter, or give away baby fowl or ducklings as pets or
ovelties, whether dyed or not dyed, colored or otherwise artificially treated;
•rovided, however, this section shall not be construed to prohibit the display
.r sale of natural chicks or ducklings in proper breeding facilities for hatcheries
•r stores engaged in the business of selling the same to be raised for
egitimate commercial purposes.
ec. 14-31. - Guard dogs.
very person having care, control, or custody of any dog, which has received
uard dog training must register such dog with the Colleyville, Keller,
.outhlake Regional Animal Services. The owners of such dog must place an
dentification collar identifying the dog as a trained guard dog on said dog,
nd this collar must be worn at all times.
ec. 14-32. - Disposition of nursing baby animals.
ny nursing baby animal impounded without the mother, or where the mother
annot or refuses to provide nutritious milk, may be immediately euthanized
o prevent further suffering.
-ec. 14-33. - Bees.
t shall be unlawful to keep bees in such a manner as to deny the reasonable
I se and enjoyment of adjacent property, or endanger the personal health or
elfare of the inhabitants of the City.
Ordinance 0-14-1923
Page 21 of 29
Sec. 14-34. - Disposal of dead animals.
It shall be the responsibility of the owners of livestock to properly dispose of
all dead animals within a 24-hour period. It shall be the responsibility of the
property owner to dispose of dead dogs, cats, etc., on his property or property
owned by him within 12 hours. The animal control officer has the authority to
pick up any dead animal found on public property and dispose of it and assist
a citizen with the same, if requested. After 24 hours, the animal control officer
may enter private property and remove any dead animal, which the property
owner has failed to dispose of.
Sec. 14-35. - Fees for removal of dead animals.
There shall be a fee for the removal of a deceased animal from private
property. The fee shall be determined as designated in the fee ordinance.
These fees are to be paid by the person or persons owning the animal or
having possession thereof.
Sec. 14-36. - Livestock.
It shall be unlawful for any person to keep on premises under the person's
control any livestock without providing adequate fences or barriers that will
prevent such livestock from leaving the property of the person having control
of such animal.
Sec. 14-37. - Livestock at large; impoundment.
The animal control officer shall take into custody any livestock found at large
in the City. The animal control officer shall have the discretion of impounding
the livestock and transporting to a storage facility or containing the livestock
at the location until the owner of the livestock can be located and recover the
livestock. Discretion shall be based on such practical considerations as number
of livestock, apprehension, containment, and hazards to the community.
Due to such considerations as number of livestock involved, size and difficulty
of livestock handled, and transportation requirement, the animal control
officer may use a livestock collection and holding service franchised with the
City of Keller or a Tarrant County Constable to collect and hold livestock found
at large. Disposition of the livestock will be determined by the Tarrant County
Constable.
Sec. 14-38. - Reserved.
Ordinance 0-14-1923
Page 22 of 29
Sec. 14-39. - Places prohibited to livestock.
It shall be unlawful for any person to ride or allow any type of livestock upon
any public school grounds, college grounds, public park, property or municipal
grounds within the City, except those designated as bridle paths or other
designated riding or exhibiting areas for livestock, or with the effective
consent of an employee with the power and authority to authorize such
activity. On streets, horses shall be ridden as close as possible to the curb,
and in no event shall horses be allowed on state highways. It shall be unlawful
for any person to ride or allow any type of livestock upon the property of
another within the City, except with the express consent of the owner or
person in charge of such property obtained prior thereto.
Sec. 14-40. — Trapping of animals.
Traps can be checked out from the Colleyville, Keller, Southlake Regional
Animal Services and Adoption Center when traps are available. Traps will only
be emptied Monday through Saturday during the Center's operating hours. All
trapped animals should be called into dispatch no later than 12 noon, the day
the animal is trapped. No animals are to be confined in a trap for more than
a 24-hour period. Any person who traps any animal in a City issued trap can
request the on duty animal control officer empty the trap at no charge. Any
person who traps any animal in a non-City issued trap can choose to have the
trap emptied by the on duty animal service officer for a fee of $30.00 payable
only in form of a check, made payable to the Colleyville, Keller, Southlake
Regional Animal Services. All traps that require the animal control officer to
remove and transport the trap in order to safely remove the trapped animal
can be picked up at the Colleyville, Keller, Southlake Regional Animal Services
and Adoption Center during operating hours.
Sec. 14-41. - Penalty.
Any person who shall violate the provisions of this chapter shall, for each.
violation, be deemed guilty of a misdemeanor and shall be fined not more
than five hundred dollars ($500.00), and each violation shall be construed to
constitute a separate offense.
Sec. 14-42. — Cruelty to animals.
It shall be unlawful for any person to intentionally, knowingly, or recklessly
abuse, neglect, or otherwise mistreat an animal. Violations under this section
will be investigated as violations of Texas Penal Code statutes 42.09, 42.091,
or 42.092, as currently written or an may be amended.
Ordinance 0-14-1923
Page 23 of 29
Sec. 3. THAT Chapter 102-Vehicles for Hire, of the City of Colleyville
Code of Ordinances is hereby amended by the addition of the
following Sec. 102-31 - Commercial horse-drawn carriages:
Sec. 102-31. Commercial horse-drawn carriages.
(a) The City shall maintain the exclusive authority to grant a permit to
one or more entities or companies to provide horse-drawn carriage
service within certain defined locations in the City and pursuant to
the terms and conditions of said permit. The conditions for granting
a horse-drawn carriage permit are as follows:
(1) The Chief of Police, hereafter referred to as chief, shall be
responsible for the issuance of any horse-drawn carriage
permit, and implement and enforce this section and may, by
written order, establish such rules or regulations, not
inconsistent with this section, as the chief determines are
necessary to discharge any duty under this section.
(2) In order to obtain a horse-drawn carriage permit, a person
must submit a request in writing to the chief. The applicant
must be the person who will own, control, or operate the
proposed horse-drawn carriage service. The written request
shall contain the following:
a. the name, address, and verified signature of the applicant;
b. a description of the proposed service, including routes,
rates or fares to be charged and schedules, where
applicable;
c. documentary evidence from an insurance company
indicating a willingness to provide liability insurance if
required by the chief;
d. such additional information as the applicant desires to
include to aid in the determination of whether the
requested horse-drawn carriage service should be
granted; and
e. such additional information as the chief considers
necessary to assist or promote the implementation or
Ordinance 0-14-1923
Page 24 of 29
enforcement of this chapter or the protection of the public
safety.
(3) The annual fee for a horse-drawn carriage permit shall be
$250.00.
(4) The chief may deny any permit request for a horse-drawn
carriage service that does not conform to the provisions of
this section and, additionally, may deny a permit request that,
if approved, would be deemed to create a threat to public health
and safety.
(5) Upon denial of a horse-drawn carriage permit request, or
revocation of an existing horse-drawn carriage permit, the
applicant, or owner of the horse-drawn carriage service may
appeal the denial, or revocation, to the city manager for
reconsideration.
(b) No "walk-up" fares shall be charged to individuals who ride in a
horse-drawn carriage.
(c) The following are the requirements for horses used in the service of a
horse-drawn carriage:
(1) A horse must be appropriately shod to work on paved streets;
(2) A horse must not have any open wound, oozing sore, cut
below skin level, or bleeding wound;
(3) A horse must not have evidence of lameness, such as but not
limited to head bobbing or irregular rhythm;
(4) A horse must be offered not less than five gallons of drinking
water at least every two hours;
(5) A horse must have at least a ten-minute rest period after
every 50 minutes worked;
(6) A horse must not work longer than eight hours in a 24-hour
period with a minimum of 12 hours rest;
Ordinance 0-14-1923
Page 25 of 29
(7) A horse must have all harnesses properly fitted and in good
repair with no deficiencies that could reasonably be deemed a
safety hazard;
(8) A horse must be properly cleaned with no offensive odors or
caked dirt or mud;
(9) A horse must wear a special sanitary device for containing
animal excrement;
(10) A horse must not work when the outside temperature exceeds
99 degrees Fahrenheit, is at or below 30 degrees Fahrenheit,
or the thermal heat index exceeds 150 [degrees], as measured
by the National Weather Service at Dallas/Fort Worth
International Airport; and
(11) A horse must have been examined within the previous six
months by a veterinarian licensed by the State of Texas who
specializes in equine medicine and receive a state certificate of
veterinarian inspection, which must be submitted to the chief
upon request.
(d) The chief or any police officer may require the holder or driver of a
horse-drawn carriage to remove from service any horse that
appears to be ill, overtired, undernourished, overloaded, injured, or
lame or whose health or life, in the opinion of a veterinarian or
qualified equine animal services officer, is in imminent danger. To
reinstate a horse removed from service, the horse must be re-
examined and a new state certificate of veterinarian inspection issued
for the horse by a veterinarian licensed by the State of Texas and
specializing in equine medicine, which certificate must be submitted
to the chief.
(e) A person commits an offense if he harasses or startles, or attempts
to harass or startle, any horse while the horse is pulling a carriage
or at rest or otherwise treats a horse inhumanely while it is working
in a non-motorized passenger transport service.
(f) The trailer used to transport the horse and carriage shall not be
parked on any city right-of-way such that the flow of vehicular traffic
is impeded, or it poses a threat to public safety.
Ordinance 0-14-1923
Page 26 of 29
(g) For purposes of this section, a horse is considered to be working any
time it is on a public street or sidewalk, or other public right-of-way.
(h) The driver of a horse-drawn carriage shall adhere to the following rules
of conduct:
(1) Act in a reasonable, prudent, and courteous manner;
(2) Maintain a sanitary and well-groomed appearance;
(3) Not consume an alcoholic beverage, drug, or other
substance that could adversely affect the driver's ability to
operate a horse-drawn carriage;
(4) Not permit a person other than another employee of the
horse-drawn carriage to operate a vehicle under the driver's
control;
(5) Not permit a person on the back of a horse when under the
driver's control;
(6) Not leave a horse untethered and unattended except when
confined to a stable or other enclosure;
(7) Not permit a horse to drop excrement from its diaper at any
time; and.
(8) Clean any excrement dropped from a horse.
(i) A holder or driver shall, at all times, provide and maintain
in good operating condition the following equipment for each
horse-drawn carriage:
(1) Head lights;
(2) Tail lights;
(3) Flashing lights;
(4) A braking system;
Ordinance 0-14-1923
Page 27 of 29
(5) Rubber on all wheels;
(6) A "slow moving vehicle" sign attached to the rear of the
vehicle;
(7) A copy of this chapter of the Code;
(8) Any other equipment required to comply with all
applicable federal and state laws; and
(9) Any other special equipment that the chief determines to
be necessary for the service to be operated.
(j) A holder or driver of a horse-drawn carriage shall, at all times,
keep each carriage clean and free of refuse and in safe operating
condition.
(k) A horse-drawn carriage must not have any cracks, broken or missing
parts, or other visible damage. All wheels must be firmly attached
to the hub of a vehicle and all springs, axles and supporting
structures of each vehicle must be intact.
(I) Officers of the police department shall assist in the enforcement of
this section. A police officer upon observing a violation of this section
shall take necessary enforcement action to insure effective regulation
of a horse-drawn carriage.
(m) Any appeal to the provisions of this section shall be considered and
acted upon only by the City Council, unless stated otherwise.
(n) A person commits an offense if he violates or attempts to violate a
provision of this chapter applicable to the person. A separate offense
is committed each day during which an offense occurs. An offense
committed under this chapter is punishable by a fine of not more than
$500.00.
(o) Prosecution for an offense under subsection (n) does not prevent the
use of other enforcement remedies or procedures applicable to the
person charged with or the conduct involved in the offense.
Ordinance 0-14-1923
Page 28 of 29
Sec. 4. THAT to the extent, any resolution or ordinance previously
adopted by the City Council is inconsistent with this ordinance,
it is hereby repealed.
Sec. 5. THAT the meeting at which this ordinance was approved was in
all things conducted in strict compliance with the Texas Open
Meetings Act, Texas Government Code, Chapter 551.
Sec. 6. THAT if any one or more sections or clauses of this ordinance is
judged to be unconstitutional or invalid, such judgment shall not
affect, impair or invalidate the remaining provisions of this
ordinance and the remaining provisions of the ordinance shall be
interpreted as if the offending section or clause never existed.
Sec. 7. THAT this ordinance shall become effective from and after its
passage.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 15th day of July
2014.
The second reading and public hearing being conducted on the 19th day of
August 2014.
An additional public hearing conducted on September 16, 2014.
PASSED AND APPROVED by the City Council of the City of Colleyville, Texas,
on this the 16th day of September, 2014.
A' TEST: CITY OF COLLEYVILLE
►
i AS, Ate
Amy - elley, T' C David Kelly
City Secretary Mayor
Ordinance 0-14-1923
Page 29 of 29
APPROVED AS TO FORM AND LEGALITY:
TO\ (Z. Q
Matthew C. G. Boyle
City Attorney