HomeMy WebLinkAboutOrdinances (O-10-1787)-12/21/2010~r
ORDINANCE 0-10-1787
;; AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS
I'', AMENDING THE CITY OF COLLEYVILLE CODE OF ORDINANCES, CHAPTER 14
! ANIMALS, REPEALING IN ITS ENTIRETY ORDINANCE 0-06-1582 AND
"~ PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF ~500.00 FOR
~: ' EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; 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,
~nd 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,
meanings ascribed to them in this section,
different meaning:
when used in this chapter, shall have the
except where the context clearly indicates a
Animal warden means any peace o~cer or police officer of the City, or any person
appointed by the city manager to enforce this chapter, together with any deputy thereof.
At large means a dog that is not confined inside the owner's house or to the premises of
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the owner by a suitable fence of such sufficiency to prevent the dog from escaping there
from, 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.
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~ i Dog means a domesticated animal that is a member of the canine family.
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i ~ Dangerous dog means a dog that:
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(1) 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
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;; reasonably certain to prevent the dog from leaving the enclosure on its own; or
(2) 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 wili 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.
Horse means any member of the species Equus Caballus.
Horse-drawn carriage means a chauffeured non-motorized vehicle drawn by a horse
and used to transport persons for hire that typically operates in designated areas or on
approved routes.
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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
(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 injury 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. Running at large prohibited - 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. Running at large prohibited - 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.
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Sec. 14-5. Running at large prohibited - 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.
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'~I 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
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. Impoundment - 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. Impoundment - 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
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c;ity pound and such animal may then be destroyed immediately or otherwise disposed
c~f, and the failure to immediately comply shall constitute a misdemeanor. Refusal to
:>how a certificate of vaccination shall constitute prima facie evidence of such failure to
c;omply.
:~ec. 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,
~apon 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
~~ttacked or the person having custody of such person, such animal shall be immediately
;!~~nd securely confined with a good quality chain by the owner of such animal for a
;; E>eriod of 14 days in a place where no person will be bitten by such animal. During such
'; c;onfinement, 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
.:; 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.
:iec. 14-12. Rabies - 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
c~f rabies with which they come in contact or to which their attention has been directed.
l~his report shall be made immediately upon diagnosis or suspicion of such cases of
rabies.
:~ec. 14-13. Nuisance by animal feces.
I~t is hereby declared to be unlawful for any owner, keeper or walker of any dog or cat to
G~ermit his dog or cat to discharge such animal's feces upon any public or private
~~roperty within the city, other than the property of the owner of such dog or cat, if such
c-wner, keeper or walker does not immediately thereafter remove and clean up such
~nimal's feces from the public or private property. Additionally, no feces shall be allowed
t~~ accumulate on the property of the owners of such dog or cat such that it creates a
riuisance 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
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:>uch disturbance and shall have refused for a period of 24 hours to correct such
ciisturbance and prevent its recurrence.
(b) Odornuisance. It shall be unlawful for any person to maintain any animal or fowl in
:~uch a manner that residents of adjacent or nearby property are subjected to obnoxious
c~dors.
',(c) Trespass, attack, property damage. It shall be unlawful for any person to maintain
~~ny animal in any area which constitutes a nuisance by reason of repeated trespasses
' c~n public property, attacks on other animals, or damage to public or private property.
! i(d) Conducf declared misdemeanor; enjoinment of nuisance. In addition to the
i; foregoing conduct constituting a misdemeanor, such conduct shall also be deemed a
~' i nuisance and may be enjoined in district court.
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;~ Sec. 14-15. Cruelty to animals and disposifion.
;;(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
j; under this section if that person violates any requirements or standards provided
I' therein.
i;(b) The court shall order the animal returned to the owner, upon payment of
~~ umpoundment fees and spay or neuter fees at the court's discretion, if the court does not
' r find that the animal's owner has cruelly treated the animal.
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i j(c) Nothing in this section shall prevent a person from being prosecuted for cruelty to
ainimals 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
~rrhen 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.
Itt shall be unlawful for any person to interfere with the animal warden or his agents in
tl~e lawful discharge of duties.
Sec. 14-17. Dangerous dogs.
(;a) Requirements for owners of dangerous dogs.
(1) Not later than the 30th day after a person learns that the person is the owner of
a dangerous dog, the person shall:
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(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 $100,000.00 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 30th 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 (d),
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 sei2e 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 11 th 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 11th 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 15th 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 subsection
(d), 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 subsection (b) and the dog is
returned to the owner or destroyed. The court may require the owner to comply with
additional restrictions that the court finds reasonable and proper.
(5) The owner shall pay a cost or fee assessed under subsection (b)(4).
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(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 subsection (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.
(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 subsection (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 $50.00.
(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 $25.00, the animal warden shall issue a new
registration tag to be placed on the dangerous dog's collar.
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(4) An owner of a registered dangerous dog shall notify the o~ce in which the
dangerous dog was registered of any attacks the dangerous dog makes on people.
(fl 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 $10,000.00. 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 subsection (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 subsection (g) or subsection (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 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 subsection (g) or (h) that the
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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 a~rmative defense to prosecution under subsections (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.] 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 shatl 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.
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(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.
(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;
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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 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 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.
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(d) It shall be unlawful fior an animal estabiishment to sell, trade or give away any dog
or cat, over three 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.
!~(fl 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 Animal Control Officer, deputy collector, or their duly appointed
representative, a metal 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
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
Animal Control Officer, 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 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
Ordinance 0-10-1787
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resignation of the deputy collector himself. Upon termination, such deputy collector shall
turn over to the Animal Control Officer any unused registration tags not theretofore sold
and issued. When the Animal Control Officer 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.
(a) For use in this section, public place means any property open or devoted to public
use.
(b) 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.
(c) 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 $50.00 per animal not to
exceed a total of $500.00 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.
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Ordinance 0-10-1787
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(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 $100,000.00 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.
(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 ten 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 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:
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Ordinance 0-10-1787
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A. Protects and enhances the public's heaith 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 chapter;
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.
(16) The director shall revoke a regulated animal permit if the director determines
that the permit holder has:
Ordinance 0-10-1787
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A. Made a false statement of material fact on an application for a regulated
animal permit;
B. Violated a provision of this chapter;
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 chapter or who fails to perform an act
required by him by this chapter commits an offense.
(2) A person violating a provision of this chapter commits a separate offense for
each animal for which a violation is committed.
(3) A person violating a provision of this chapter 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 chapter.
(5) Unless specifically provided otherwise in this chapter, an offense under this
chapter is punishable by a fine not to exceed $500.00.
(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 $1,000.00 for each day or portion of a day
during which said violation is committed, continued, or permitted.
(e) Additional enforcement provisions.
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Ordinance 0-10-1787
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(1) In addition to imposing a monetary penalty against a person convicted of an
offense under this chapter, 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 chapter or to enforce this chapter.
(fl 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, 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. 14-27. 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;
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Ordinance 0-10-1787
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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 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;
Ordinance 0-10-1787
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(6) A horse must not work longer than eight hours in a 24-hour period with a
minimum of 12 hours rest;
'(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 senrice 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.
(fl 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.
(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;
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Ordinance 0-10-1787
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(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) Taillights;
(3) Flashing lights;
(4) A braking system;
(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.
Ordinance 0-10-1787
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(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.
Sec. 14-28. Animal Protection
(a) Animals in motor vehicles:
(1) No person shall leave any animal in any standing or parked vehicle in such a
way to endanger the animal's health, safety or welfare.
(2) An animal services o~cer or police officer is authorized to use reasonable force
to remove the animal from the vehicle whenever it appears that the animal's health,
safety or welfare is or will be endangered if the owner of the vehicle cannot be
located after reasonable attempts.
(3) The animal shall be taken to the shelter or to a veterinarian if the animal is in
distress. A written notice bearing the name of the officer removing the animal, a
telephone number where he can be contacted, and the location where the animal
may be claimed by the owner shall be attached to the vehicle.
(4) Any person violating this section shall bear the full cost and expense incurred by
the city in the care, medical treatment, impoundment cost and disposal of said
animal, including removal from and damage done to the vehicle.
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Ordinance 0-10-1787
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(b) Removal of animal in immediate danger: Any animal observed at any location by a
police officer or animal services officer or other officer designated by the city manager
that is deemed to be in immediate danger may be removed from such situation by the
quickest and most reasonable means available.
Sec. 3. THAT any person, firm or corporation violating any of the provisions or
terms of this ordinance shall be deemed guilty of a misdemeanor and
upon conviction thereof shall be ~ned in a sum not to exceed $500.00 and
a separate offense shall be deemed committed upon each day during or
on which a violation occurs or continues.
Sec. 4. THAT if any section, paragraph, subdivision, clause, phrase or provision of
this ordinance shall be judged invalid or unconstitutional, the same shall
not affect the validity of this ordinance as a whole or any portion thereof
other than that portion so decided to be invalid or unconstitutional.
Sec. 5. THAT the effective date of this ordinance shall be immediate upon its
passage.
AND IT IS SO ORDERED.
first reading and 'pubjic hearing being conducted on the ~ day of
~1~P~/ 2010.
d reading and public hearing being conducted on the ~ day of
')'Y~~i~-r~O 2010.
ATTEST• •
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ynthia Singleton, TRMC, CMC
City Secretary
CITY OF COLLEYVILLE
~
David Kelly
Mayor
APPROVED AS TO FORM AND LEGALITY:
V J• ~
1
Matthew C. G. Boyle
City Attorney