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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: Ordinance 0-14-1923 Page 2 of 29 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. Ordinance 0-14-1923 Page 3 of 29 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. Ordinance 0-14-1923 Page 4 of 29 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. Ordinance 0-14-1923 Page 5 of 29 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 Ordinance 0-14-1923 Page 6 of 29 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. Ordinance 0=14-1923 Page 7 of 29 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: Ordinance 0-14-1923 Page 8 of 29 (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. Ordinance 0-14-1923 Page 9 of 29 (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 Ordinance 0-14-1923 Page 10 of 29 (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. Ordinance 0-14-1923 Page 11 of 29 (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. Ordinance 0-14-1923 Page 12 of 29 (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 Ordinance 0-14-1923 Page 13 of 29 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. Ordinance 0-14-1923 Page 14 of 29 (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. Ordinance 0-14-1923 Page 15 of 29 (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. Ordinance 0-14-1923 Page 16 of 29 (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 Page 17 of 29 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 Page 18 of 29 (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 Page 19 of 29 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