HomeMy WebLinkAboutOrdinances (O-06-1582)-08/03/2006ORDINANCE 0-06-1582
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLLEYVILLE,
TEXAS AMENDING THE CITY OF COLLEYVILLE CODE OF ORDINANCES,
CHAPTER 14 ANIMALS, REPEALING CONFLICTING ORDINANCES; PROVIDING
A PENALTY OF FINE NOT TO EXCEED THE SUM OF $500.00 FOR EACH
OFFENSE; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN
EMERGENCY 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
Meeting 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:
"Chapter 14 Animals"
Sec. 14-1 Definitions.
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
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Animal warden means any peace officer or police officer of the city, or any person
appointed by the city manager to enforce this ordinance, together with any deputy
thereof.
At large means a dog that is not confined inside the owner's house or to the premises of
the owner by a suitable fence of such sufficiency to prevent the dog from escaping
therefrom, or secured on such premises by a leash of sufficient strength to prevent the
dog from escaping from the premises and so arranged that the dog will remain upon the
premises when the leash is stretched to full length in any direction. Provided, however,
that a dog shall not be considered "at large" when held and controlled by some person,
or restrained by means of a leash or chain of proper strength and length to control the
actions of the dog, or while confined within a vehicle.
City pound means and includes such area or portion of the city designated for the
purpose of holding or restraining animals, and such other areas within or without the
city, including veterinary hospitals, the Humane Society, or the pounds of other
municipalities, as from time to time may be designated by the city manager.
Dog means a domesticated animal that is a member of the canine family.
Dangerous dog means a dog that:
(A) makes an unprovoked attack on a person that causes bodily injury and
occurs in a place other than an enclosure in which the dog was being kept
and that was reasonably certain to prevent the dog from leaving the
enclosure on its own; or
(B) commits unprovoked acts in a place other than an enclosure in which the dog
was being kept and that was reasonably certain to prevent the dog from
leaving the enclosure on its own and those acts cause a person to
reasonably believe that the dog will attack and cause bodily injury to that
person
"Dangerous Wild Animal" as used in this chapter shall mean and include any mammal,
amphibian, reptile, or fowl, which is not naturally tame or gentle, but is of a wild nature
or disposition and which because of its size, vicious nature, or other characteristics,
would constitute a danger to human life or property. Wild animals shall include, but shall
not be limited to lion, tiger, ocelot, cougar, panther, leopard, cheetah, jaguar, bobcat,
lynx, serval, caracal, hyena, bear, wolf, coyote, fox, jackal, baboon, chimpanzee,
orangutan, gorilla, alligator, crocodile, elephant, rhinoceros, non-descented skunks and
all forms of poisonous reptiles and other animals or any hybrid of an animal listed in this
subdivision.
"Secure enclosure" means a fenced area or a 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 a dog;
(4) clearly marked as containing a dangerous dog; and
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(5) in conformance with the requirements for enclosures established by the
animal warden.
"Owner" means any person who owns or has custody or control of the animal or
animals.
"Serious bodily injur}I' means an injury characterized by severe bite wounds or severe
ripping and tearing of muscle that would cause a reasonably prudent person to seek
treatment from a medical professional and would require hospitalization without regard
to whether the person actually sought medical treatment.
Sec. 14-2. Running at large prohibited--Livestock.
It shall be unlawful for any person to allow or permit any cow, calf, steer, bull, bullock,
heifer, or any sheep, goat, hog, horse, mule, jack or jennet owned or controlled by such
person to run at large, or to be herded, in or upon any street or alley or in or upon any
unenclosed vacant lot or common within the corporate limits of the city, or to stake out
any of the abovementioned animals upon any unenclosed lot or any street or alley in the
city limits.
Sec. 14-3. Same--Dogs and Cats.
(a) Prohibition. No owner of any dog or cat shall permit such dog or cat to run at large
within the corporate limits of the city.
(b) Confinement of certain dogs and female dogs in heat. No dog of fierce, dangerous,
or vicious propensities, nor a female dog or cat in heat, shall be allowed upon any
street, avenue, highway, alley, sidewalk, parkway, park or other public place in the city,
whether or not such dog or cat is under control by means of a leash, chain or otherwise.
Provided, however, that this subsection shall not apply to such dogs or cats when
confined within a vehicle.
Sec. 14-4. Same--Fowl.
It shall be unlawful for any person to permit, suffer or allow any chickens, ducks,
turkeys, geese or other fowl owned, kept or possessed by such person or under his
control to run at large within the city.
Sec. 14-5. Same--Reptiles.
It shall be unlawful for any person to permit, suffer or allow any reptiles owned, kept or
possessed by such person or under his control to run or be at large within the city.
Sec. 14-6. Disposition of animals running at large.
Any person is hereby authorized to take up any animal that may be found running at
large in the corporate limits of the city. Any such animal picked up shall be surrendered
to the animal warden upon demand.
Sec. 14-7. Impoundment--Disposition of unclaimed animals.
(a) Any impounded animal, other than a dog or cat, which is not redeemed within five
days of capture and impoundment may be sold to the highest bidder at a public or
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', private sale conducted at such time and place as may be designated by the city
', manager.
(b) Any impounded wild animal, unless there is reason to believe it has an owner, may
be immediately destroyed in a humane manner. If not redeemed within three days of its
capture and impoundment, any impounded wild animal and any impounded dog or cat
may be destroyed in a humane manner.
Sec. 14-8. Same--Fees.
Prior to any sale, the owner of any animal impounded may redeem such animal by
paying the expense of taking up and keeping such animal together with the cost of
advertising and fines, if any, plus an impounding fee of $30.00.
Sec. 14-9. Same--Owner's right of redemption.
After the sale of any impounded animal, such animal may be redeemed by paying to the
purchaser double the amount bid by him for such animal, and his reasonable expenses
for keeping the animal; provided, that the owner so redeems the animal within 30 days
after the date of sale; otherwise, the animal shall become the absolute property of the
purchaser.
Sec. 14-10. Vaccination of impounded animals.
All animals released to an owner from the pound shall be immediately vaccinated
against rabies in accordance with the provisions of this chapter or the owner thereof
shall present a veterinarian's certificate showing a current vaccination. In order for the
owner of an animal not vaccinated and registered in accordance with the provisions of
this chapter to obtain the release of the animal, such owner must sign a statement
giving the name of the owner and the address where such animal shall be immediately
confined, and stating that he will have the animal vaccinated in accordance with the
provisions of this chapter. Such vaccination certificate shall be presented to the animal
warden within ten days of release. Failure to have such animal immediately vaccinated
and a certificate presented shall be grounds for immediate return of the animal to the
city pound and such animal may then be destroyed immediately or otherwise disposed
of, and the failure to immediately comply shall constitute a misdemeanor. Refusal to
show a certificate of vaccination shall constitute prima facie evidence of such failure to
comply.
Sec. 14-11. Rabies--Quarantine.
If an animal has bitten or otherwise attacked a person, has rabies or symptoms thereof,
or is suspected by the animal warden of having rabies, or has been exposed to rabies,
upon demand of the animal warden or his deputies, it shall be impounded in the city
pound or confined in a veterinary hospital at the owner's expense, for observation for a
period of 14 days, or, upon the written consent of the person bitten or otherwise
attacked or the person having custody of such person, such animal shall be immediately
and securely confined with a good quality chain by the owner of such animal for a
period of 14 days in a place where no person will be bitten by such animal. During such
confinement, the animal shall be subject to examination by the animal warden or his
deputies at any time. If the owner or the person having custody of such animal fails to
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deliver the animal to the animal warden upon demand, the animal shall be deemed a
nuisance and subject to all remedies, both public and private, for the abatement of
nuisances.
Sec. 14-12. Same--Veterinarians required to report cases to animal warden.
It shall be the duty of all practicing veterinarians to report to the animal warden all cases
of rabies with which they come in contact or to which their attention has been directed.
This report shall be made immediately upon diagnosis or suspicion of such cases of
rabies.
Sec. 14-13. Nuisance by animal feces.
It is hereby declared to be unlawful for any owner, keeper or walker of any dog or cat to
permit his dog or cat to discharge such animal's feces upon any public or private
property within the city, other than the property of the owner of such dog or cat, if such
owner, keeper or walker does not immediately thereafter remove and clean up such
animal's feces from the public or private property. Additionally, no feces shall be
allowed to accumulate on the property of the owners of such dog or cat such that it
creates a nuisance to adjacent properties.
Sec. 14-14. Animal nuisances generally.
(a) Noise disturbance. No person shall willfully or knowingly harbor or keep on his
premises or elsewhere any animal or fowl of any kind that makes or creates an
unreasonable disturbance of the neighbors or the occupants of adjacent premises or
people living in the vicinity thereof, or suffer or permit such animal to make or create
disturbing noises by howling, barking, bawling, crowing or otherwise. A person shall be
deemed to have willfully and knowingly violated the terms of this section if such person
shall have been notified by the neighbors or the animal warden or any police officer of
such disturbance and shall have refused for a period of 24 hours to correct such
disturbance and prevent its recurrence.
(b) Odor nuisance. It shall be unlawful for any person to maintain any animal or fowl in
such a manner that residents of adjacent or nearby property are subjected to obnoxious
odors.
(c) Trespass, attack, property damage. It shall be unlawful for any person to maintain
any animal in any area which constitutes a nuisance by reason of repeated trespasses
on public property, attacks on other animals, or damage to public or private property.
(d) Conduct declared misdemeanor; enjoinment of nuisance. In addition to the
foregoing conduct constituting a misdemeanor, such conduct shall also be deemed a
nuisance and may be enjoined in district court.
Sec. 14-15. Cruelty to animals and Disposition.
(a) Chapter 821, Subchapter A, Texas Health and Safety Code (as it is now enacted,
or as hereinafter amended) as it pertains to the treatment and disposition of cruelly
treated animals is hereby incorporated into this section. A person commits an offense
under this section if that person violates any requirements or standards provided
therein.
(b) The court shall order the animal returned to the owner, upon payment of
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impoundment fees and spay or neuter fees at the court's discretion, if the court does not
find that the animal's owner has cruelly treated the animal.
(c) Nothing in this section shall prevent a person from being prosecuted for cruelty to
animals as provided by applicable sections of the Texas Penal Code.
(d) This section is not to be construed to prevent city employees from killing animals
when entitled to do so by statutes of the state or any ordinance of the city then in effect.
Sec. 14-16. Interference with animal warden, agents.
It shall be unlawful for any person to interfere with the animal warden or his agents in
the lawful discharge of duties.
Sec. 14-17. Dangerous Dogs.
(a) REQUIREMENTS FOR OWNERS OF DANGEROUS DOGS.
(1) Not later than the 30t" day after a person learns that the person is the owner of a
dangerous dog, the person shall:
(i) register the dangerous dog with the animal control authority for the area
in which the dog is kept;
(ii) restrain the dangerous dog at all times on a leash in the immediate
control of a person or in a secure enclosure;
(iii) obtain liability insurance coverage or show financial responsibility in
an amount of at least $100,000 to cover damages resulting from an attack by the
dangerous dog causing bodily injury to a person and provide proof of the required
liability insurance coverage or financial responsibility to the animal warden for the area
in which the dog is kept; and
(iv) comply with an applicable municipal or county regulation, requirement,
or restriction on dangerous dogs.
(2) The owner of a dangerous dog who does not comply with Subsection (1) shall
deliver the dog to the animal warden not later than the 30t" day after the owner learns
that the dog is a dangerous dog.
(3) If the municipal court finds, after notice and hearing provided by Subsection (e), that
the owner of a dangerous dog has failed to comply with Subsection (1) or (2), the court
shall order the animal warden to seize the dog and shall issue a warrant authorizing the
seizure. The warden shall seize the dog or order its seizure and shall provide for the
impoundment of the dog in secure and humane conditions.
(4) The owner shall pay any cost or fee assessed by the municipality or county related
to the seizure, acceptance, impoundment, or destruction of the dog.
(5) The court shall order the animal warden authority to humanely destroy the dog if the
owner has not complied with Subsection (1) before the 11t" day after the date on which
the dog is seized or delivered to the animal warden. The court shall order the animal
warden to return the dog to the owner if the owner complies with Subsection (1) before
the 11t" day after the date on which the dog is seized or delivered to the authority.
(6) The court may order the humane destruction of a dog if the owner of the dog has
not been located before the 15t" day after the seizure and impoundment of the dog.
(7) For purposes of this section, a person learns that the person is the owner of a
dangerous dog when:
(i) the owner knows of an attack described Subsection (g).
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(ii) the owner received notice that a justice court, county court, or municipal
court has found that the dog is a dangerous dog under;
(iii) the owner is informed by the animal warden that the dog is a dangerous
dog under this section.
(b) DETERMINATION THAT DOG IS DANGEROUS.
(1) If a person reports an incident described by Subsection (g), the animal warden may
investigate the incident. If the animal warden determines the dog is a dangerous dog, it
shall notify the owner of that fact.
(2) An owner, not later than the 15th day after the date the owner is notified that a dog
owned by the owner is a dangerous dog, may appeal the determination of the animal
warden to the municipal court.
(c) REPORTING OF INCIDENT.
(1) A person may report an incident described by Subsection (g) to the animal warden.
The animal warden may order the owner of the dog to deliver the dog to the animal
warden not later than the fifth day after the date on which the owner receives notice
from the animal. The animal warden may provide for the impoundment of the dog in
secure and humane conditions until the court orders the disposition of the dog.
(2) If the owner fails to deliver the dog as required by Subsection (1), the court shall
order the animal warden to seize the dog and shall issue a warrant authorizing the
seizure. The warden shall seize the dog or order its seizure and shall provide for the
impoundment of the dog in secure and humane conditions until the court orders the
disposition of the dog. The owner shall pay any cost incurred in seizing the dog.
(3) The court shall determine, after notice and hearing as provided in Section (e),
whether the dog is a dangerous dog.
(4) The court, after determining that the dog is a dangerous dog, may order the warden
to continue to impound the dangerous dog in secure and humane conditions until the
court orders disposition of the dog under Section (b) and the dog is returned to the
owner or destroyed.
(5) The owner shall pay a cost or fee assessed under Section (b)(4).
(d) HEARING.
(1) The court, on receiving a request for a dangerous dog hearing shall set a time for a
hearing to determine whether the dog is a dangerous dog or whether the owner of the
dog has complied with Section (b). The hearing must be held not later than the 30th
day after the date on which the request is received by the municipal court.
(2) The court shall give written notice of the time and place of the hearing to:
A. the owner of the dog or the person from whom the dog was seized,
and
B. the person who made the complaint.
(3) The owner or other person from whom the dog was seized must open the evidence
and present competent evidence that the dog is not a dangerous dog under the
ordinance.
(4) Any interested party, including the city attorney, is entitled to present evidence at
this hearing.
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(e) REGISTRATION.
(1) An animal warden for the area in which the dog is kept shall annually register a
dangerous dog if the owner presents proof of:
A. liability insurance or financial responsibility, as required by Section
(b);
B. current rabies vaccination of the dangerous dog; and
C. the secure enclosure in which the dangerous dog will be kept; and
D. pays an annual registration fee of $50.
(2) The animal warden shall provide to the owner registering a dangerous dog a
registration tag. The owner must place the tag on the dog's collar.
(3) If an owner of a registered dangerous dog sells or moves the dog to a new address,
the owner, not later than the 14th day after the date of the sale or move, shall notify the
animal control authority for the area in which the new address is located. On
presentation by the current owner of the dangerous dog's prior registration tag and
payment of a fee of $25, the animal warden shall issue a new registration tag to be
placed on the dangerous dog's collar.
(4) An owner of a registered dangerous dog shall notify the office in which the
dangerous dog was registered of any attacks the dangerous dog makes on people.
(f) ATTACK BY DANGEROUS DOG.
(1) A person commits an offense if the person is the owner of a dangerous dog and the
dog makes an unprovoked attack on another person or domesticated animal outside the
dog's enclosure and causes bodily injury to the other person or domesticated animal.
(2) An offense under this section is a Class C misdemeanor, unless the attack causes
serious bodily injury or death, in which event the offense is a Class A misdemeanor.
(3) If a person is found guilty of an offense under this section, the court may order the
dangerous dog destroyed by a person listed in Section 14-8, Subsection (c).
(4) In addition to criminal prosecution, a person who commits an offense under this
section is liable for a civil penalty not to exceed $10,000. A city attorney may file suit in
a court of competent jurisdiction to collect the penalty. Penalties collected under this
subsection shall be retained by the county or municipality.
(g) VIOLATIONS.
(1) A person who owns or keeps custody or control of a dangerous dog commits an
offense if the person fails to comply with Section (b).
(2) Except as provided by Subsection (3), an offense under this section is a Class C
misdemeanor.
(3) An offense under this section is a Class B misdemeanor if it is shown on the trial of
the offense that the defendant has previously been convicted under this section.
(h) DEFENSE .
(1) It is an affirmative defense to prosecution under Section (g) or Section (h) that the
person is a veterinarian, a peace officer, a person employed by a recognized animal
shelter, or a person employed by the state or a political subdivision of the state to deal
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with stray animals and has temporary ownership, custody, or control of the dog in
connection with that position.
(2) It is an affirmative defense to prosecution under Section (g) or (h) that the person is
an employee of the institutional division of the Texas Department of Criminal Justice or
a law enforcement agency and trains or uses dogs for law enforcement or corrections
purposes.
(3) It is an affirmative defense to prosecution under Sections (g) and (h) that the person
is a dog trainer or an employee of a guard dog company under Chapter 1702,
Occupations Code.
Sec. 14-18 DOGS THAT ARE A DANGER.
(a) SEIZURE OF A DOG CAUSING DEATH OF OR SERIOUS BODILY INJURY TO A
PERSON AND/OR DOMESTICATED ANIMAL.
(1) A justice court, county court, or municipal court shall order the animal control
authority to seize a dog and shall issue a warrant authorizing the seizure:
A. on the sworn complaint of any person, including the county
attorney, the city attorney, or a peace officer, that the dog has
caused the death of or serious bodily injury to a person by
attacking, biting, or mauling the person or domesticated animal;
and
B. on a showing of probable cause to believe that the dog caused
the death of or serious bodily injury to the person as stated in the
complaint.
(2) The animal control authority shall seize the dog or order its seizure and shall provide
for the impoundment of the dog in secure and humane conditions until the court orders
the disposition of the dog.
(b) HEARING.
(1) The court shall set a time for a hearing to determine whether the dog caused the
death of or serious bodily injury to a person or domesticated animal by attacking, biting,
or mauling the same. The hearing must be held not later than the 10th day after the
date on which the warrant is issued.
(2) The court shall give written notice of the time and place of the hearing to:
A. the owner of the dog or the person from whom the dog was
seized; and
B. the person who made the complaint.
(3) Any interested party, including the county attorney or city attorney, is entitled to
present evidence at the hearing.
(4) The court shall order the dog destroyed if the court finds that the dog caused the
death of a person or domesticated animal by attacking, biting, or mauling the same. If
that finding is not made, the court shall order the dog released to:
A. its owner;
B. the person from whom the dog was seized; or
C. any other person authorized to take possession of the dog.
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(5) The court may order the dog destroyed if the court finds that the dog caused serious
bodily injury to a person or domesticated animal by attacking, biting, or mauling the
same. If that finding is not made, the court shall order the dog released to:
A. its owner;
B. the person from whom the dog was seized; or
C. any other person authorized to take possession of the dog.
(6) The court may not order the dog destroyed if the court finds that the dog caused the
serious bodily injury to a person or domesticated animal by attacking, biting, or mauling
the person or domesticated animal and:
A. the dog was being used for the protection of a person or person's
property, the attack, bite, or mauling occurred in an enclosure in which
the dog was being kept, and:
(i) the enclosure was reasonably certain to prevent the dog from
leaving the enclosure on its own and provided notice of the
presence of a dog; and
(ii) the injured person was at least eight years of age, and was
trespassing in the enclosure when the attack, bite, or mauling
occurred;
B. the dog was not being used for the protection of a person or
person's property, the attack, bite, or mauling occurred in an enclosure
in which the dog was being kept, and the injured person was at least
eight years of age and was trespassing in the enclosure when the
attack, bite, or mauling occurred;
C. the attack, bite, or mauling occurred during an arrest or other
action of a peace officer while the peace officer was using the dog for
law enforcement purposes;
D. the dog was defending a person from an assault or person's
property from damage or theft by the injured person; or
E. the injured person was younger than eight years of age, the attack,
bite, or mauling occurred in an enclosure in which the dog was being
kept, and the enclosure was reasonably certain to keep a person
younger than eight years of age from entering; or
F. the domesticated animal was within the enclosure when the attack,
bite, or mauling occurred.
(c) DESTRUCTION OF DOG. The destruction of a dog under this subchapter must be
performed by:
(1) a licensed veterinarian;
(2) personnel of a recognized animal shelter or humane society who are trained in the
humane destruction of animals; or
(3) personnel of a governmental agency responsible for animal control who are trained
in the humane destruction of animals.
(d) PROVOCATION OR LOCATION OF ATTACK IRRELEVANT. Except as provided
by Subsection (b) (5), this subchapter applies to any dog that causes a person's death
or serious bodily injury by attacking, biting, or mauling the person, regardless of whether
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the dog was provoked and regardless of where the incident resulting in the person's
death or serious bodily injury occurred.
Sec. 14-19. Vaccination of dogs, cats, and household pets generally.
(a) All dogs, cats and other household pets three (3) months of age or over within the
city shall be immunized against rabies and be given a booster one year after the initial
vaccination. Following the first two vaccinations, dogs, cats and other household pets
can be vaccinated at either one-year or three-year intervals, depending on the type of
rabies vaccine used.
(b) The metal tag provided for in subsection (a) of this section shall be securely
fastened in some manner to the dog at any time the animal is not confined to the
owner's property, and it shall be unlawful for any person to remove such metal tag from
the dog.
(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 animal without having such
animal immunized against rabies as required by this section.
(d) It shall be unlawful for an animal establishment to sell, trade or give away any dog
or cat, over three (3) months of age, unless the dog or cat has been licensed and
vaccinated as required by this chapter.
(e) The City shall comply with all sterilization laws as set forth in V.T.C.A., Health and
Safety Code ch. 828, as amended. A copy of the statute may be obtained from the
animal warden.
(f) This section shall not apply to fish, birds, ungulates or any of the following 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 a rabies
vaccination.
Sec. 14-20. Registration of dogs and cats.
(a) No owner or harborer of any dog or cat shall allow or permit such dog or cat within
the city unless there is affixed thereto a valid current city registration tag displayed in
accordance with subsection (c) of this section. A city registration tag shall be and
remain current for one year from the date of issuance. Upon request, the city shall issue
dog and cat registration tags to members of the public and shall collect upon such
issuance a fee of $3.00 for each dog or cat. Prior to the issuance of the dog or cat
registration tag, the owner or harborer of the dog or cat shall present to the city
secretary, deputy collector, or their duly appointed representative, ametal tag or
certificate of vaccination demonstrating that a vaccination under section 14-18 has been
administered to the dog or cat within the preceding six months.
(b) The annual city registration tag will be color coded to correspond to the year of
registration. This tag shall be securely attached to a collar around the neck or to a
harness around the neck or body of the dog or cat vaccinated. It shall be unlawful to
remove this tag while valid without the owner's permission.
(c) For the purpose of facilitating the collection of annual registration fees and for the
convenience of the general public, a duly licensed veterinarian may, upon request, be
appointed a deputy collector. The duties of the deputy collector shall be to issue annual
city registration tags under the provisions of this section. There shall be no
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compensation whatsoever by the city for this service. The deputy collector so appointed
by the city shall be issued registration forms together with corresponding tags by the city
secretary, which the deputy collector shall issue to residents of the city whose dogs or
cats meet the requirements of this section. The deputy collector shall turn over to the
city secretary each Monday the monies so collected and report the licenses issued.
(d) The appointment of a deputy collector may be terminated by the city or by the
resignation of the deputy collector himself. Upon termination, such deputy collector shall
turn over to the city secretary any unused registration tags not theretofore sold and
issued. When the city secretary is satisfied that a proper accounting has been made, a
letter shall be issued to the deputy collector advising him that he has complied with all
the obligations assumed by virtue of his appointment.
Sec. 14-21. Livestock on property of others.
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. 14-22. Animals, fowl and reptiles prohibited from municipal buildings without
permit.
It shall be unlawful for any person to allow any animal, fowl, or reptile under such
person's care and control to enter any municipal facility without permission from the city.
This section shall not apply to support dogs used by handicapped persons.
Sec. 14-23. Animals and fowl prohibited in establishments selling food;
exception.
It shall be unlawful for any person to allow any live animal or fowl to enter or remain
inside any establishment in the city where food is sold, excepting support dogs.
Sec. 14-24. Destruction of certain animals.
Any animal impounded or found at large within the city may be destroyed by municipal
employees upon determination that such animal has been injured or is sick and in such
a state that its recovery is seriously in doubt or that such animal is sick and endangers
the health of other animals or persons, or if such animal is suspected of having rabies,
or manifesting a disposition to bite or attack when found at large.
Sec. 14-25. Sale of Animals-Generally.
(a) It shall be unlawful for any person to sell, deliver, or promise to sell or deliver any
animal in a public place or public right of way.
(b) For use in this section, public place means any property open or devoted to public
use.
(c) It shall be unlawful to sell or deliver an animal with an illness known or should be
known to the current owner, including, but not limited to, heartworm, rabies, and
intestinal parasites.
(d) All merchants of animals shall otherwise maintain compliance under Chapter 70 of
this Code.
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Sec. 14-26. Keeping of Dangerous Wild Animals in the City
(a) DEFINITIONS
Director means the director of the City's Animal Control Office
Owner means any person owning or having care, custody, possession or control of an
animal
Person means an individual or group of individuals acting in concert, a firm, partnership,
association, corporation or other legal entity.
Regulated Animal means a "dangerous wild animal" as that term is defined in Section
822.101 of the Texas Health and Safety Code as amended.
(b) OFFENSE. A person commits an offense if he owns a regulated animal for any
purpose in the city without holding a valid regulated animal permit issued for the animal
under this ordinance.
(c) PERMITS AND OTHER REQUIREMENTS
(1) The annual fees for a regulated animal permit are $50 per animal not to exceed a
total of $500 per owner per year regardless of the number of animals owned by the
person.
(2) A regulated animal permit is nontransferable and the permit fee is
nonrefundable.
(3) A regulated animal permit is valid for one year from the date of issuance.
(4) An applicant for a regulated animal permit shall file an application with the
director on a form provided for that purpose. The application must include:
A. The name, address, and telephone number of the applicant.
B. A complete identification of each regulated animal kept in the city,
including species, sex, age (if known), and any distinguishing marks or
coloration that would aid in the identification of the animal.
C. The exact location where each regulated animal is to be kept; and
D. Any other information the director determines necessary to the
enforcement and administration of this section.
(5) An application for a regulated animal permit must be accompanied by:
A. The applicable regulated animal permit fee set forth in Subsection
(1)~
B. Proof, in a form acceptable to the director, that the applicant has
the liability insurance required in Subsection (6); and
C. If the applicant holds license issued by the United States Secretary
of Agriculture under the Animal Welfare Act (7 U.S.C. § 2131, et seq.)
as amended, a clear and legible photocopy of the license.
(6) An owner of a regulated animal shall maintain liability insurance acceptable to
the city, in an amount of not less than $100,000 for each occurrence, which provides
coverage for any damage to or destruction of property, and for any death or bodily injury
to a person, caused by the regulated animal.
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(7) An owner of a regulated animal shall, at all reasonable times, allow the director
or a designated licensed veterinarian to enter the premises where the animal is kept
and to inspect the animal, the animal's enclosure, and the owner's records relating to
the animal to ensure compliance with this section.
(8) An owner of a regulated animal may not permanently relocate the animal to
'another location in the city unless the owner first notifies the director in writing of the
exact location to which the animal will be relocated
(9) Within 10 days after the death, sale, or other disposition of a regular animal, the
'~ owner of the animal shall notify the director in writing of that event.
', ', (10) An owner of a regulated animal shall immediately notify the director of any attack
~~ I on a human by the animal and of any escape by the animal.
(11) An owner of a regulated animal that escapes is liable for all costs incurred in
apprehending and confining the animal. The city, the director, and any law enforcement
agency (and their employees and agents) are not liable to an owner of a regulated
animal for damages arising in connection with the escape of the animal, including any
liability for damage, injury, or death caused by the animal during or after its escape, or
for injury to or death of the animal resulting from the apprehension or confinement of the
animal after its escape.
(12) The director shall establish caging requirements and standards for the keeping
and confinement of a regulated animal to ensure that the animal is kept and confined in
a manner that:
A. Protects and enhances the public's health and safety.
B. Prevents escape by the animal; and
C. Provides a safe, healthy, and humane environment for the animal.
The caging standards established by the director shall, at a minimum; meet those
established by the Texas Board of Health pursuant to the requirements of Section
822.111 of the Texas Health and Safety Code.
(13) An owner of a regulated animal shall keep and confine the animal in accordance
with the caging requirements and standards established by the director.
(14) For each regulated animal, the owner shall comply with all applicable standards
of the Animal Welfare Act (7 U.S.C.§ 2131, et seq.), as amended, and with regulations
adopted under that Act relating to:
A. Facilities and operations;
B. Animal health and husbandry; and
C. Veterinary care.
(15) The director shall deny issuance of a regulated animal permit if the applicant:
A. Makes a false statement of material fact on an application for a
regulated animal permit;
B. Is not in compliance with this ordinance;
C. Is not in compliance with any conditions of the permit or any rules
established by the director relating to the regulated animal;
D. Has had a regulated animal permit revoked by the director within
the preceding 12 months; or
E. Intentionally or knowingly impeded a lawful inspection by the
director or the director's authorized representative.
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(16) The director shall revoke a regulated animal permit if the director
determines that the permit holder has:
A. Made a false statement of material fact on an application for a
regulated animal permit;
B. Violated a provision of this ordinance;
C. Violated a condition of the permit or a rule established by the
director relating to the regulated animal; or
D. Intentionally or knowingly impeded a lawful inspection by the
director or the director's authorized representative.
(d) VIOLATIONS, CRIMINAL AND CIVIL PENALTIES.
(1) A person who violates a provision of this ordinance or who fails to perform an act
required by him by this ordinance commits an offense.
(2) A person violating a provision of this ordinance commits a separate offense for
each animal for which a violation is committed.
(3) A person violating a provision of this ordinance commits a separate offense for
each day or part of a day during which a violation is committed, continued, or permitted.
(4) A culpable mental state is not required for the commission of an offense under
this ordinance.
(5) Unless specifically provided otherwise in this ordinance, an offense under this
ordinance is punishable by a fine not to exceed $500.
(6) Prosecution for an offense under Subsection (1) does not prevent the use of civil
enforcement remedies or procedure applicable to the person charged with or the
conduct involved in the offense.
(7) In addition to imposing a criminal penalty, the city may, in accordance with
Section 54.012(5) of the Texas Local Government Code, bring a civil action against a
person violating a provision of this chapter. The civil action may include, but is not
limited to, a suit to recover a civil penalty pursuant to Section 54.017 of the Texas Local
Government Code not to exceed $1,000 for each day or portion of a day during which
said violation is committed, continued, or permitted.
(e) ADDITIONAL ENFORCEMENT PROVISIONS.
(1) In addition to imposing a monetary penalty against a person convicted of an
offense under this ordinance, a court may do one or more of the following:
A. Order the impoundment of any animal owned by the person, forfeit
the person's ownership of the animal, and award the animal to the city.
B. Suspend the person's right to own an animal in the city for a period
of time as specified by the court.
C. Impose any other conditions or restrictions that would reasonably
abate the violation for which the person was convicted.
(2) The city attorney or any resident of the city may sue an owner of a dangerous
wild animal to enjoin a violation of this ordinance or to enforce this ordinance.
(f) DEFENSE TO PROSECUTION. It is an affirmative defense to prosecution under
Subsection (d)(1) that the person is exempt from the applicability of Subchapter E,
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Chapter 822 of the Texas Health and Safety Code as set forth in Section 822.102(a) of
the Texas health and Safety Code.
Sec. 3. THAT all ordinances or any parts thereof in conflict with the terms of this
ordinance shall be and hereby are deemed repealed and of no force or
effect; provided, however, that the ordinance or ordinances under which
the cases currently filed and pending in the Municipal Court in the City of
Colleyville, Texas, shall be deemed repealed only when all such cases
filed and pending under such ordinance or ordinances have been
disposed of by a final conviction or a finding not guilty or nolo contendere,
or dismissal.
Sec. 4. THAT any person violating any of the provisions of this ordinance shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be
fined in a sum not to exceed $500 and a separate offense shall be
deemed committed upon each day during or on which a violation occurs or
continues.
Sec. 5. THAT If any section, article, paragraph, sentence, clause, phrase or word
in this ordinance, or application thereto any person or circumstances is
held invalid or unconstitutional by a Court of competent jurisdiction, such
holding shall not affect the validity of the remaining portions of this
ordinance; and the City Council hereby declares it would have passed
such remaining portions of the ordinance despite such invalidity, which
remaining portions shall remain in full force and effect.
Sec. 6. THAT the fact that the present ordinances and regulations of the City of
Colleyville, Texas are inadequate to properly safeguard the health, safety,
morals, peace and general welfare of the public creates an emergency
which requires that this ordinance become effective from and after the
date of its passage, and it is accordingly so ordained.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the _/~ ~ day of
2006.
The second reading and public hearing being conducted on the o.2'`~ day of
2006.
ATTEST: CIT\Y OF COLLEYVILLE
~~ ~ ~ > G~
~'~'
Cynthia Singleton, TRMC David Kelly
City Secretary Mayor
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APPROVED AS TO FORM AND LEGALITY:
Matthew C. G. Boyle
City Attorney