ordinance no . 0-03b-12 an ordinance amending

ORDINANCE NO .
0-03B-12
AN ORDINANCE AMENDING CHAPTER 4 , ANIMALS AND FOWL , OF THE CODE OF
ORDINANCES OF THE CITY OF CROCKETT , TEXAS ; PROHIBITING CRUELTY TO
ANIMALS ; PROVIDING RESTRICTIONS ON ENCLOSURES IN WHICH ANIMALS ARE
KEPT ;
PROHIBITING ANIMALS BEING KEPT CLOSE TO RESIDENCES ;
PROHIBITING THE KEEPING OF DISEASED ANIMALS ; PROHIBITING STAKING
LIVESTOCK ; PROHIBITING INTERFERENCE WITH THE POLICE DEPARTMENT AND
ANIMAL CONTROL OFFICER ; PROVIDING DEFINITIONS ; PROHIBITING ANIMALS
RUNNING AT LARGE AND DECLARING A NUISANCE ;
PROVIDING FOR
CONFINEMENT OF DOGS AND CATS DURING ESTRUS ;
PROVIDING FOR
REGULATION OF DOGS THAT ATTACK PERSONS OR ARE DANGEROUS TO PERSONS ;
PROVIDING REGULATIONS FOR DOGS AND COYOTES THAT ARE A DANGER TO
ANIMALS ; PROVIDING REGULATIONS FOR DANGEROUS DOGS ; PROHIBITING THE
KEEPING OF WILD ANIMALS ; PROVIDING RESTRICTIONS ON THE NUMBERS OF
CATS AND DOGS WHICH MAY BE KEPT ; PROHIBITING LEAVING AN ANIMAL
UNATTENDED IN A VEHICLE ;
PROVIDING FOR RABIES CONTROL AND
VACCINATION ;
REQUIRING
RABIES
TAGS ;
REQUESTING
PROOF
OF
VACCINATION ; PROHIBITING HARBORING UNVACCINATED ANIMALS ; PROVIDING
FOR ANIMALS EXPOSED TO RABIES ; PROVIDING FOR REPORTING BITES THAT
ARE SUSCEPTIBLE TO RABIES ; PROVIDING FOR IMPOUNDMENT OF ANIMALS ;
PROVIDING IMPOUNDMENT FEES ; PROVIDING FOR DISPOSITION OF IMPOUNDED
ANIMALS ; PROVIDING FOR DISPOSITION OF INJURED AND DISEASED ANIMALS;
PROVIDING FOR PET ADOPTIONS ; PROVIDING FINES AND PENALTIES ;
PROVIDING A SEVERABILITY CLAUSE ; CONTAINING A REPEALING CLAUSE; AND
PROVIDING AN EFFECTIVE DATE :
THE COUNCIL OF THE CITY OF CROCKETT HEREBY ORDAINS :
Chapter 4 , Animals and Fowl , of the Crockett Code is
SECTION 1 .
hereby repealed and the following is enacted :
SECTION 2.
Chapter 4 : Animals and Fowl .
ARTICLE I . IN GENERAL
Section 4 . 1.
Definitions .
When used in this Chapter , the following words and terms,
unless the context indicates a different meaning , shall be
interpreted as follows :
"Animal control authority " means the Animal Control Officer or
the Police Department.
Cat : A domestic feline of either sex , including one neutered
o r sterilized .
" 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 .
"Dog" means a domesticated animal that is a member of the
canine family , including one neutered or sterilized .
Domestic animal : Shall include the following species : dog ,
cat , horse , cow , pig , sheep , and goat . It does not include hybrid
individuals resulting from crossing wild with domestic species.
Harboring : The act of keeping and caring for an animal or of
providing a premise to which the animal returns for a period of
three (3) days or more .
Owner : A person who has a right of property in an animal or
who harbors any animal or allows an animal to remain about his
premises for a period of three (3) days or more .
"Owner" means a person who owns or has custody or control of
the animal .
Pet animal : Shall include dogs ,
cats ,
rabbits,
birds ,
reptiles , and any other species of animal which are sold or
retained as a household pets but shall not include any species of
wild, exotic , or carnivorous animal that may be further restricted
in this chapter.
Police Department and Animal Control Officer : Shall mean the
reporting agents for the purposes of this article, whose duties
consist of the following :
(1)
Receiving all reports of animal bites and scratches to
humans.
(2)
Receiving all reports of suspected rabid animals.
(3)
Investigation of all reported animal bites and scratches
and suspected rabid animals.
(4)
Ordering quarantine, if appropriate , of any animal which
has exposed an individual or which may be rabid .
(5)
Other duties as entailed by the text of this Chapter .
Rabies vaccination: Shall mean the vaccination of a dog, cat
or other domestic animal with an antirabies vaccine approved by the
United States Department of Agriculture and administered by a
veterinarian licensed by the State of Texas .
Running at large : Means an animal off the premises of the
owner and not under the physical control of the owner or his
authorized representative. An animal intruding upon the property
of another person other than the owner shall be termed "running at
large.~
An animal within an automobile or other vehicle of its
owner shall not be deemed "running at large ."
"Secure" means to take steps that a reasonable person would
take to ensure a dog remains on the owner's property , including
confining the dog in an enclosure that is capable of preventing the
escape or release of the dog .
"Secure enclosure" means a fenced area or structure that is:
(A)
locked ;
(8)
capable of preventing the entry
public , including children; .
(C)
capable of preventing the escape or release of a
dog;
(D)
clearly marked as containing a dangerous dog ; and
(E)
in conformance with the requirements for enclosures
established by the animal control authority .
of
the
general
"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 .
Stray animal : Any animal
identifiable owner or harborer.
for
which
there
is
not
an
Wild animal : Refers to any mammal native to North America
except the domestic species (dog , cat , hors e , cow , pig , sheep , and
goat) .
Section 4 . 2.
Cruelty to Animals .
(A) Cruelty to animals : It shall be un l awful for any person to
commit or cause to be committed any act of cruelty , harassment , or
torture to an anima l, to cruelly beat an animal , to deprive an
animal of necessary food , water , care or to otherwise treat any
animal to a cruel or inhumane manner , or intentionally cause an
animal to be mutilated or inhumanely killed .
Ownership or the
commiss i on of such acts of cruelty on private property shall not be
a justifiable defense for violation of this section .
(B) Poisoning : It shall be unlawful for any person to poison
any domestic animal or place any toxic substance on public or
private property in any manner whatsoever with the intent of
poisoning any domestic animal .
(C) Abandoning animal : It shall be unlawful for any person to
willfully abandon any animal .
(D) Display or sale of immature animal : It shall be unlawfu l
for any person to possess , display , sell , barter , or give away any
dyed or artificially colored baby chick , duckling , fowl , rabbit or
other animal as pets , playthings , novelties or gifts . This section
shall not be construed to prohibit their display by hatcheries,
stores , dealers , or persons engaged in the business of selling such
immature animals to be raised for food ; but no such hatcheries ,
stores , dealers or persons shall sell or give away any dyed or
artificially colored baby chick , duckling , fowl , rabbit or other
animal as pets , playthings , novelties or gifts .
(E) Fighting animals : It shall be unlawful for any person to
cause , instigate or encourage any dog or any other animal to fight
with another of its own species or with another of a different
species . It shall be unlawful for any person to train or keep any
dog or other animal for the purpose of fighting .
It shall be
unlawful for any person to maintain a place where any dog or other
animal is permitted to fight for exhibition or for wager or for
sport .
(F) The term necessary food , water , care , or shelter means
food , water , care or shelter required to maintain the animal in a
state of good health .
Section 4 . 3 .
Livestock Running at Large .
It shall be unlawful to permit any horse , mule, goat , cattle ,
sheep , swine , geese , chicken or fowl to run at large within the
boundaries of the city .
Section 4 . 4 .
It
shall
be
Keeping of Swine .
unlawful
for
any
person
to
keep
wi thin
five
hundred (500) feet of any residence or business establishment or in
any enclosure , pen or lot smaller than an acre of land , any swine .
(A) It shall be u n lawfu l for any person to keep or have in his
custody , possession or control within the city more than two (2)
swine .
(B) The prohibition set forth in this section agains t keeping
swine in an enclosure of less than one (1) acre shall not apply to
operators of slaughter houses , packing plants , livestock sale or
auction businesses or places of business holding swine for the
purposes of sale or slaughter ; however , it shall be unlawful for
any such operator to have in his custody , control or possession any
swine for a period in excess of forty - eight (48) hours .
Section 4 . 5 . Di stance from dwellings of facilities used for
keeping livestock and fowl .
No enclosure , pen , stall or other facility used for keeping
livestock or fowl shall be so located as to allow the l i vestock or
fowl confined therein to corne within 150 feet of any dwelling .
Section 4 . 6 .
Horses .
(A) No horse shall be kept in an enclosure , pen or lot smaller
than one thousand two hundred fifty (1250) square feet .
(B) No horse will be staked out at any time .
(C) When a horse is being ridden upon city streets of
Crockett , it is the rider ' s responsibility to immediately pick up
the horse ' s dropped manure .
(D) No horse will be ridden down the middle of the street
unless the horse is participating in a parade .
Horses must be
ridden on the paved shoulder .
If a shoulder is not provided , the
horse must be ridden on the edge of the roadway .
(E) No horse will be ridden upon the property of a business
where food is sold .
(F) No horse will be kept on private real property of an
individual unless the horse owner obtains permission from the
property owner .
(G) All horses inside the City of Crockett , must have the
proper and current vaccination for Rabies , West Nile Vi rus and
Coggins .
(H)
All persons ,
when riding a
horse ,
must
have
in their
possession a copy of the horse ' s recent vaccinations for Rabies,
West Nile Virus and Coggins testing .
(I) No horse will be ridden between the hours 30 minutes after
sunset and sunrise inside the City of Crockett , unless the horse is
being ridden in the Porth Ag - Arena during time of an event licensed
by the City.
(J) No horse will be ridden in the downtown business district
unless participating in a parade .
(K) While riding a horse , children under 13 years of age must
be supervised and in the company of an adult .
(L) No horse will be allowed on any part of the Davy Crockett
Memorial Park or I . T. Williams Park .
(M) All horses kept or ridden in the City shall be registered
with the Animal Control Officer with the location and marking of
the horse . A telephone number sha ll also be registered . Any horse
whose owner cannot be located will be impounded . The horse owner
will be responsible to the City for the expense of the livestock
handler and boarding .
Section 4 . 7 .
Cattle.
No head of cattle shall be kept in an enclosure , pen or lot
smaller than one thousand two hundred fifty (1250) square feet .
The shed for protection against the elements may be located on this
plot . Each individual head of cattle that is kept on the same lot
must be given an additional 1 , 250 square feet .
The lot will be
enclosed with suitable fencing , as may be determined by the Animal
Control Officer.
Section 4 . 8 .
Goats and Sheep .
No goat or sheep shall be kept in an enclosure , pen or lot
smaller than three hundred seventy five (375) square feet .
Each
individual goat or sheep kept at the same lot must be given an
additional 375 square feet . The shed used for protection against
the elements may be located on this plot. The lot will be enclosed
with suitable fencing , as may be determined by the Animal Control
Officer .
Section 4 . 9 .
Fowl .
No fowl shall b e kept in an enclosure , pen o r lo t smal l er than
five (5) square feet .
Each additional fowl kept at the same lot
must be given an additional 5 square feet . The fowl house will be
allowed to be a part of this area . Chicken wire shall be used as
the fence material for fowl .
The fowl house must be of such
construction as will allow for ease in cleaning and airing.
The
fowl pen must also have a chicken wire roof over it to prevent fowl
from escaping .
Section 4 . 10 .
Diseased animal and fowl .
It shall be unlawful for any person to possess or keep any
animal or fowl infected with a disease which may contaminate other
animals or fowl or which may constitute a health hazard.
Section 4.11 .
Confinement of animal by owner of private
premises ; notice to animal control department .
If any animal is found upon the premises of any person , the
owner or occupant of the premises shall have the right to confine
such animal temporarily until he can notify the Animal Control
Officer .
When notified , it shall be the duty of the officer at
once to cause such animal to be impounded as provided in this
chapter .
Section 4 . 12 .
Maintenance of pens and enclosures .
(A) All pens and enclosures wherein livestock, chickens,
turkeys , geese , guineas , dogs , cats or other animals are kept shall
be maintained in such a manner as not to become unsanitary or
offensive to persons residing in the vicinity thereof and so as not
to breed flies or in any manner cause any injury to the health of
any person residing in the vicinity of the pen or enclosure .
(B) The determination that such a pen or enclosure is
unsanitary or offensive to any person , that such pen or enclosure
is being maintained or kept so as to breed flies ; or that such a
pen or enclosure is maintained in any manner as to cause any injury
to the health of the public residing in the vicinity of the pen or
enclosure , shall be made by the Animal Control Officer .
Such
determination shall be prima facie evidence of violation of this
section .
Section 4 . 13 .
Cats and Dogs .
Restrictions on Keeping.
(A) Definitions .
The following words , terms , and phrases,
when used in this section , shall have the meaning ascribed to them
in this section , except where the context clearly indicated a
different meaning .
(1) "At large " shall mean any cat or dog wh i ch i s off th e
premises of the owner and not under the control of the owner or a
member of his immediate family , either by leash , chain , cord or
other suitable material attached to a collar or harness .
(2) "Cat" shall mean both male and female of the cat (feline)
species over six (6) months of age .
(3) "Dog" shall mean both male and female of the dog (canine)
species over six (6) months of age .
(4) "Owner " shall mean any person who owns , keeps or harbors
a cat or a dog .
(B) Limit on cats .
No person shall harbor on his or her
premises more than five (5) cats at anyone time.
(C) Limit on dogs .
No person shall harbor on his or her
premises more than three (3) dogs at anyone time.
(D) No person shall permit a cat or dog to run at large within
the city.
Any cat or dog found running at large in violation of
this subsection shall be taken up and impounded .
(E) Impoundment fees shall be the same as those specified in
Section 4.48 .
(F) Fines for cats and dogs running at large .
The following is the schedule of fines for violation of the
provisions of this section . The fines shall be mandatory for each
offense , and each day of noncompliance shall constitute a separate
offense .
(1 )
(2 )
(3)
Dog , cat or any animal at large , first offense .. $150 . 00
Dog , cat or any animal at large , second offense . $175 . 00
Dog , cat or any anima l at l arge , third offense .. $200 . 00
Section 4 . 14 .
Leaving Animal Unattended in Vehicle .
It shall be unlawful to leave any animal in any standing or
parked vehicle in such a way as to endanger the animal ' s health or
safety . Any police officer or Animal Control Officer is authorized
to use reasonable force , including the breaking of a window , to
remove an animal from the vehicle whenever the officer reasonably
believes that the animal ' s health or safety is , or soon will be ,
endangered , and said animal shall be impounded .
An officer who
removes an animal in accordance with this subsection is not liable
for any resulting property damage . Outside air temperatures above
75 degrees Fahrenheit shall serve as prima facie evidence for such
endangerment .
Section 4 . 15 .
Staking and grazing .
It shall be unlawful for any person to stake any livestock at
any time for the purpose of grazing .
Section 4 . 16 .
Interference with Police Department or Animal
Control Off i cer , and Right of Entry .
(A) It shall be unlawful for any person to interfere with ,
molest , hinder , or prevent the police or Animal Control Officer or
their authorized representatives in the discharge of their duties
as herein prescribed , or to violate any of the provisions of this
article .
(8) Any officer or designated agent of the City charged with
the enforcement of the provisions of this Chapter is hereby
authorized to enter upon any lot , tract or parce l of land for the
purpose of seizing and i mpounding any animals or fowl found therein
in violation of the provisions of this Chapter .
Section 4 . 17 .
Penalty for violation of Chapter .
Any person who shall violate any of the provisions of this
Chapter shall be guilty of a misdemeanor . Upon conviction thereof
such person shall be fined a sum not exceeding Five Hundred Dollars
($500 . 00) .
Each and every day of s u ch vio l ation shall be a
separate and complete offense .
ARTICLE II .
CONTROL OF ANIMALS
Division 1 .
Section 4 . 18 .
Generally
Animal running at large .
It shall be unlawful for any dog or cat owned , kept , or
harbored to run at large , as is defined in section 4 . 1 of this
Chapter .
The police or Animal Control Officer shall have the
authority to enter onto privately owned property in pursuit of an
animal at large.
Section 4 . 19 .
Nuisance declared .
It shall be unlawful for any owner to harbor any dog , cat , or
other pet animal which by any sound or cry or other activity shall
disturb the peace , comfort , or property of the inhabitants of the
neighborhood , and such disturbance is hereby declared to be a
public nuisance and a violation of this article .
Section 4.20 .
Confinement during estrus .
Any un spayed female dog or cat in the stage of estrus (heat)
shall be confined during such period of time in a house , building
or secure enclosure , and said area of enc l osure shall be so
constructed that no other dog or cat running at large may gain
access to the confined animal . Owners who do not comply shall be
ordered to remove the animal in heat to a boarding kennel ,
veterinary hospital or animal shelter . All expenses incurred as a
result of the confinement shall be paid by the owner.
Failure to
comply with the removal order of the 'animal control officer shall
be in violation of this section , and the dog or cat will then be
impounded as prescribed in this Chapter .
DIVISION 2 . DOGS THAT ATTACK PERSONS
OR ARE A DANGER TO PERSONS
Section 4 . 21.
Application to Certain Real Property .
A person ' s real property includes property the person is
entitled to possess or occupy under a lease or other agreement.
Section 4 . 22.
Seizure of a Dog Causing Death of or Serious
Bodily Injury to a Person .
(A)
The municipal court shall order the animal control
authority to seize a dog and shall issue a warrant authorizing the
seizure :
(1)
on the sworn complaint of any person, including 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;
and
(2)
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 .
(B) 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.
Section 4 . 23 .
Hearing .
(A) 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 by attacking , biting , or mauling the person.
The hearing
th
must be held not later than the 10 day after the date on which the
warrant is issued .
(B) The court shall give written notice of the time and place
of the hearing to:
(1)
the owner of the dog or the person from whom the
dog was seized ; and
(2)
the person who made the complaint .
(C) Any interested party , including the city attorney ,
entitled to present evidence at the hearing .
is
(0) The Court shall order the dog destroyed if the court finds
that the dog caused the death of a person by attacking , biting , or
mauling the person.
If that finding is not made , the court shall
order the dog released to :
(1)
its owner ;
(2)
the person from whom the dog was seized ; or
(3)
any other person authorized to take possession of
the dog .
(E) The court may order the dog destroyed if the court finds
that the dog caused serious bodily injury to a person by attacking ,
biting , or mauling the person. If that finding is not made , the
court shall order the dog released to :
(1)
its owner ;
(2)
the person from whom the dog was seized ; or
(3)
any other person authorized to take possession of
the dog .
(F) The court may not order the dog destroyed if the court
finds that the dog caused the serious bodily injury to a person by
attacking , biting , or mauling the person and :
(1)
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 ;
(A)
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
(B)
the injured person was at least eight years of
age , and was trespassing in the enclosure when
the attack , bite , or mauling occurred ;
(2)
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 t he injured person was at least
eight years of age and was trespassing in the
enclosure when the attack ,
b i te ,
or mauling
occurred ;
(3)
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 ;
(4 )
the dog was defending a person from an assault or a
person ' s property from damage or theft by the
injured person ; or
(5)
the injured person was younger than eight years of
age , the attack , bite , or mau l ing occurred in an
enclosure in which t h e dog was be i ng kept , and the
enclosure was reasonably certain to keep a person
younger than eight years of age from entering .
Section 4 . 24.
Destruction of Dog .
The destruction of a dog under this chapter must be performed
by:
(1) a licensed veterinarian ;
(2) personnel of a recognized animal shelter or humane soc i ety
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.
DIVISION 3 .
Section 4 . 25 .
DOGS AND COYOTES THAT ARE A DANGER
TO ANIMALS
Definitions.
In this chapter :
(1) " Dog or coyote " includes a crossbreed between a dog and a
coyote .
(2) "Livestock" includes exotic livestock
Section 161 . 001 , Texas Agriculture Code .
Section 4 . 26 .
as
defined
Dogs or Coyotes That Attack Anima l s
by
(A) A dog or coyote that is attacking , is about to attack , or
has recently attacked livestock , domestic animals , or fowl may be
killed by :
(1)
any person witnessing the attack ; or
(2)
the attacked animal ' s owner or a person acting on
behalf of the owner if the owner or person has
knowledge of the attack .
(B) A person who kills a dog or coyote as provided by this
section is not liable for damages to the owner , keeper, or person
in control of the dog or coyote .
(C) A person who discovers on the person ' s property a dog or
coyote known or suspected of having killed livestock , domestic
animals , or fowl may detain or impound the dog or coyote and return
it to its owner or deliver the dog or coyote to the local animal
control authority .
The owner of the dog or coyote is liable for
all costs incurred in the capture and care of the dog or coyote and
all damage done by the dog or coyote .
(D) The owner , keeper , or person in control of a dog or coyote
that is known to have attacked livestock , domestic animals , or fowl
shall control the dog or coyote in a manner approved by the animal
control authority .
DIVISION 4 .
Section 4 . 28 .
DANGEROUS DOGS
Requirements for Owner of Dangerous Dog
(A) Not later than the 30 th day after a person learns that the
person is the owner of a dangerous dog , the person shall :
(B)
(1)
register the dangerous dog with the animal control
authority;
(2)
restrain the dangerous dog at all times on a leash
in the immediate control of a person or in a secure
enclosure ; and
(3)
obtain
liability
insurance
coverage
or show
financial responsibility in an amount of at least
$100 , 000 to co v er damages resulting from an attack
by the dangerous dog causing bodily inj ury to a
person and provide proof of the required liability
insurance coverage or financial responsibility to
the animal control authority .
The owner of a dangerous dog who does not comply with
Subsection (A) shall deliver the dog to the animal control
authority not later than the 30 th day after the owner learns that
the dog is a dangerous dog .
(C) If , on application of any person , the municipal court
finds , after notice and hearing as provided by Section 4.31, that
the owner of a dangerous dog has failed to comply with Subsection
A of this Section or Section 4 . 32 , the court shall order the animal
control authority to seize the dog and shall issue a warrant
authorizing the seizure.
The authority shall seize the dog or
order its seizure and shall provide for the impoundment of the dog
in secure and humane conditions .
(D) The owner shall pay any cost or fee assessed by the City.
related to the seizure , acceptance , impoundment , or destruction of
the dog , as set forth in this Chapter .
(E) The court shall order the animal control authority to
humanely destroy the dog if the owner has not complied with
Subsection A or Section 4 . 32 before the 11 th day after the date on
which the dog is seized or delivered to the authority . The court
shall order the authority to return the dog to the owner if the
owner complies with Subsection A and Section 4 . 32 before the 11 th
day after the date on which the dog is seized or delivered to the
authority .
(F) The court may order the humane destruction of a dog if the
owner of the dog has not been located before the 15 th day after the
seizure and impoundment of a dog .
(G) For purposes of this section , a person learns that the
person is the owner of a dangerous dog when :
(1)
the owner knows of an attack described in Section
4. 1;
(2)
the owner receives notice that a justice court,
county court , or municipal court has found that the
dog is a dangerous dog ; or
(3)
the owner is informed by the animal control
authority that the dog is a dangerous dog.
Section 4 . 29.
Determination that Dog is Dangerous .
(A) If a person reports an incident described by Section 4 . 1 ,
t he animal control authority may investigate the incident .
If ,
after receiving the sworn statements of any witnesses , the animal
control authority determines the dog is a dangerous dog, it shall
notify the owner of that fact .
(B) An owner , not later than the 15 th 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 control authority to the
municipal court . An owner may appeal the decision of the municipal
court in the same manner as appeal for other cases from the
municipal court .
Section 4.30 .
Reporting of Incident .
(A) The city e l ects to be governed by Section 822 . 0422 of the
Texas Health and Safety Code .
(B) A person may report an incident described by Section 4 . 1
to the municipal court .
The owner of a dog shal l deliver the dog
to the animal control authority not later than the fifth day after
the date on which the owner receives notice that the report has
been filed .
The authority may provide for the impoundment of the
dog in secure and humane conditions until the court orders the
disposition of the dog .
(C) I f the owner fails to deliver the dog as required by
Subsection (b) , the court shall order the animal control authority
to seize the dog and shall issue a warrant authorizing the seizure .
The 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. The
owner shall pay the cost incurred in seizing the dog , as set forth
in this Chapter .
(0) The court shall determine , after notice and hearing as
provided in Section 4 . 31 , whether the dog is a dangerous dog .
(E) The court , after determining that the dog is a dangerous
dog , may order the animal control authority to continue to impound
the dangerous dog in secure and humane conditions until the court
orders d i sposition of the dog under Section 4 . 31 and the dog is
returned to the owner or destroyed .
(F) The owner shall pay all costs and fees assessed under this
Chapter .
Section 4.31.
Hearing .
(A) The court , on receiving a report of an incident under
Section 4 . 1 or on application under Section 4 . 29 , shall set a time
for a hearing to determine whether the dog is a dangerous dog or
whether the owner of the dog has compli e d with Section 4 . 2 8 . The
hearing must be held not later than the 10 th day after the date on
which the dog is seized or delivered .
(8) The court shall give written notice of the time and place
of the hearing to :
(1)
the owner of the dog or the person from whom the
dog was seized ; and
(2)
the person who made the complaint .
(C) Any interested party , including the
entitled to present evidence at the hearing .
city attorney ,
is
(0) An owner or person filing the action may appeal the
decision of the municipal court in the manner provided for the
appeal of cases from the municipal court.
Section 4 . 32 .
Registration .
(A) The animal control authority shall annually register a
dangerous dog if the owner :
(1)
(2)
presents proof of :
(A)
liability
insurance
or
financial
responsibility , as required by Section 4 . 28 ;
(8)
current rabies
dog ; and
(C)
the secure enclosure in which the dangerous
dog will be kept ; and
vaccination of
the
dangerous
pays an annual registration fee of $50.
(B) The animal control authority shall provide to the owner
registering a dangerous dog a registration tag .
The owner must
place the tag on the dog ' s collar .
(C) If the owner of a registered dangerous dog sells the dog
or moves the dog to a new address , the owner , not later than the
14 th 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 control
authority shall issue a new registration tag to be placed on the
dangerous dog ' s collar .
(0) An owner of a regist e red dange r ous dog shall n o tify the
office in which the dangerous dog was registered of any attacks the
dangerous dog makes on people .
Section 4 . 33 .
Attack by Dangerous Dog .
(A) 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 outside the dog ' s enclosure and causes bodily injury to the
other person .
(B) An offense under this section is punishable by fine not to
exceed Five Hundred Dollars ($500 . 00)
Section 4 . 34 .
Violations .
(A) A person who owns or keeps custody or control of a
dangerous dog commits an offense if the person fails to comply with
Section 4 . 28 or Section 4 . 32.
(B) An offense under this section is punishable by a fine not
to exceed Five Hundred Dollars ($500 . 00) .
Section 4 . 35 .
Defense .
(A) It is a defense to prosecution under this Division 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.
(B) It is a defense to prosecution under this Division 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 .
(C) It is a defense to prosecution under this Division that
the person is a dog trainer or an employee of a guard dog company
under Chapter 17 . 02 , Texas Occupations Code .
Section 4 . 36 .
Animals prohibited .
(A) Wild , exotic animal : It shall be unlawful for any person
to import , offer for sale , keep , maintain , harbor or permit in the
city any monkey , other nonhuman primate , skunk , raccoon, jaguar,
leopard , lynx , tiger , lion , ocelot , bobcat , cheetah , mountain lion ,
wildcat , panther , bear , wolf , coyote , fox , other carnivorous animal
or poisonous reptile .
(B) Endangered species : It shall be unlawful for any person to
import , offer for sale , keep , maintain , harbor , or permit in the
ci ty an endangered species of animal as defined by the United
States Government .
(C) Exceptions: This section shall not apply to :
(1)
A bona fide publicly or privately owned zoological
park .
(2)
A bona fide research institution using animals for
scientific research .
(3)
a circus
city .
duly
DIVISION 2 .
Section 4 . 38 .
authorized
to
do
business
in
the
RABIES CONTROL
Vaccination required .
(A) Vaccinations required .
Ever owner of a dog or cat four
(4) months of age or older shall have such animal vaccinated
against rabies .
Every horse owner shall have such animal
vaccinated against rabies . Annual revaccination shall be required
thereafter .
Any person moving into the city from a location
outside of the city shall comply with this provision within ten
(10) days after having moved into the city .
(B) Penalty for violation . Any person who shall violate any
provision of the section shall be deemed guilty of a misdemeanor
and upon conviction shall be punished by a fine not to exceed Five
Hundred Dollars ($500.00).
Section 4 . 39 .
Rabies control authority .
In the City of Crockett , the rabies control authority shall be
Crockett Police Department or the Animal Control Officer .
Section 4 . 40 .
Certificate of vaccination .
Upon vaccination , the veterinarian shall execute and furnish
to the owner of the dog or cat as evidence thereof , a certificate
upon a form furnished by the veterinarian . The veterinarian shall
retain a duplicate copy .
Such certificate shall contain the
following information :
(1)
Owner ' s name , address , and telephone number .
(2)
Animal identification : Species , age , sex , size (in lbs.) ,
predominant breed , and colors .
(3)
Vaccine
number .
used ,
producer ,
expiration
date ,
and serial
(4)
Date vaccinated .
(5)
Rabies tag number .
(6)
Veterinarian ' s signature and license number .
Section 4.41 .
Rabies tags.
(A)
Concurrent with the issuance and delivery of the
certificate of vaccination referred to in Section 4 . 40 , the owner
of the dog shall cause to be attached to the collar or harness of
the vaccinated dog a metal tag , serially numbered to correspond
with the vaccination certificate number and bearing the year of
issuance and the name of the issuing veterinarian and his address .
(B) In the event of loss or destruction of the original tag
provided in subsection (A) , the owner of the dog shall obtain a
duplicate tag .
Section 4 . 42 .
Proof of vaccination.
It shall be unlawful for any person who owns or harbors a
vaccinated dog or cat to fail or refuse to exhibit his copy of the
certificate of vaccination upon demand to any person charged with
the enforcement of this article .
Section 4 . 43 .
Harboring unvaccinated animals.
It shall be unlawful for any person to own or harbor any dog
or cat which has not been vaccinated against rabies , as provided
herein , or which cannot be identified as having a current
vaccination certificate.
Section 4.44.
Animals exposed to rabies .
Any person having knowledge of the existence of any animal
known to have been or suspected of being exposed to rabies must
immediately report such knowledge to the police department or
Animal Control Officer, giving any information which may be
required by it. For any animal known to have been, o r suspected of
being exposed to rabies , the following rules apply:
(A) Unvaccinated animals which have been bitten or directly
exposed by physical contact with a rabid animal or its fresh
tissues must be humanely killed.
(B) Vaccinated animals which have been bitten or otherwise
significantly exposed to a rabid animal or its fresh tissues must
be given a booster rabies vaccination and placed in strict
isolation for three (3) months .
(C) These provisions apply only
approved rabies vaccine is available .
to
animals
for
which
an
Section 4 . 45 .
Reporting bites from animals susceptible to
rabies ; related procedures.
(A) Duty to report : Any person having knowledge that an animal
has bitten a human shall immediately report the incident to the
police department or Animal Control Officer .
Every physician or
other medical practitioner who treats a person or persons for such
bites shall , within twelve (12) hours , report such treatment to the
local health authority or his agent , giving name , age , sex, and
precise location of the bitten person or persons and such other
information as the police or Animal Control Officer may require .
(8) Exclusions : Human bites from birds and reptiles
excluded from the reporting requ i rement of this section .
are
(C)
Suspected rabies : Any veterinarian who clinically
diagnoses rabies or any person who suspects rabies in a dog , cat or
other domestic or wild animal shall immediately report the incident
to the police department or Animal Control Officer stating
precisely where such animal may be found . If a known or suspect
rabid animal bites or attacks a domestic animal, such incident
shall also be reported as required above .
(D) Confinement of dogs and cats : Any dog or cat which has
bitten a person shall be observed for a period of ten (10) days
from the date of the bite . The procedure and place of observation
shall be designated by the police department . Confinement shall be
by impoundment in any Crockett veterinary hospital of the owner ' s
choice .
Such confinement shall be at the expense of the owner .
Stray dogs or cats whose owners cannot be located shall be confined
to a local veterinary hospital . The owner of any dog or cat that
has been reported to have inflicted a bite on any person shall, on
demand , produce said dog or cat for impoundment, prescribed in this
section.
Refusal to produce a dog or cat for impoundment
consti tutes a violation of this section , and each day of such
refusal shall constitute a separate and individual violation.
(E) Removal
unlawful for any
dog or cat which
of the police or
of dogs and cats from confinement .
It shall be
person to remove from any place of confinement any
has been confined as authorized , without consent
animal control officer .
(F) Procedures for other animal bites : Procedures concerning
bites from other animals shall be discussed with the Animal Control
Officer , or the Texas Department of Health for proper disposition.
Any wild animal which has bitten a person must be caught and killed
and the brain immediately submitted to a qualified laboratory for
rabies examination . An exception to this ru l e may be allowed for
large , exotic , or val u able zoo species , which by reason of their
close confinement would be unlikely rabies vectors .
Birds and
reptiles are not transmitters of the rabies and should not be
submitted for laboratory examination for rabies .
DIVISION 3 .
IMPOUNDMENT
Section 4 . 46 .
Any animal owned or harbored in violation of
this Chapter or any other city ordinance or law of the State of
Texas shall be taken into custody by a policeman or the Animal
Control Officer and impounded .
Stray animals shall be simi larly
impounded .
Section 4 . 47 .
Any peace officer or Animal Control Officer
may , and shall , take up and impound any animal found within the
city l imits in violation of this Chapter .
Section 4 . 48 .
(A)
Impoundment fees .
The following shall be the fees charged :
(1)
For taking up and
Dollars ($30 . 00) ;
(2)
For taking care of animals per head per day ,
exclusive of the day of impoundment - Ten Dollars
($10 . 00) ; and
(3)
The amount of charges made by any veterinarian ,
where required .
(B)
For the purpose
(2) above , the date shall
impoundment . The full fee
for all or any portion of
impounding
per
head
-
Thirty
of determining the fee in subparagraph
begin at 12 : 01 a . m. after the date of
of Ten Dollars ($10 . 00) shall be charged
that day and any day thereafter .
(C) No animal shall be released to the owner until all of the
above impoundment fees have been paid .
Section 4 . 49 .
Sale of
disposition of proceeds .
impounded animal ;
notice of
sale ;
The Animal Control Officer shall sell any animal impounded
unde r t he provisions of this Chapter at public auct i on for c ash
after having held the animal for at least five (5) days and after
having published public notice of the item , terms and place of sale
in a weekly or semi - weekly newspaper published in the city , which
notice shall appear one (1) time at least five (5) full days prior
to the date of sale and shall describe the animal impounded and
state that the animal will be sold to defray costs if it is not
reclaimed and the costs paid before the date of sale .
If not
reclaimed by such day , the Animal Control Officer shall sell the
animal at public auction between the hours at 10 : 00 a . m. and 4 : 00
p . m. on such day to the highest bidder ; and after deducting all
expenses of the sale and of taking up and keeping of such animal
shall return the balance of the proceeds , if any , to the owner of
the animal .
If the owner is unknown , the balance shall be paid
into the city treasury . Any time within six (6) months after the
sale , the owner may apply to the City Administrator , and upon
satisfactory proof of his ownership , he shall be entitled to
receive the amount paid into the treasury on account of such sale.
Section 4 . 50 .
Disposition of impounded animals.
If any animal impounded under the provisions of this Chapter
is found to be infected with rabies , or if the animal is seriously
injured , or if the Animal Control Officer has determined it is not
saleable , or if it cannot be sold as provided in the preceding
section , it shall forthwith be destroyed in a humane manner . All
decisions as to the condition or saleability of animals shall be
made by the Animal Control Officer , after seeking competent advice
if same be necessary , except that no horse, cattle , mule , sheep, or
goat shall be destroyed under this section without approval of the
City Administrator .
Section 4.51 .
Removal of animals from animal shelter .
It shall be unlawful for any person to remove any impounded
animal from an animal shelter without the consent of the Animal
Control Officer .
Section 4 . 52 .
Keeping of records.
It shall be the duty of the police department and Animal
Control Officer of the City of Crockett to maintain such records as
deemed necessary to the enforcement of all provisions of this
Chapter and have those records available for display to the City
Council , or to the public at any time during regular business hours
of the police department .
Section 4 . 53 .
Record of impoundment and sale.
The animal control authority shall keep a record for at least
three (3) years, giving th e description of all an i mals i mp o unde d ,
the date of sale , and the amount realized for such animal , and the
name and address of the purchaser .
Section 4 . 54 .
Injured animals .
Animals injured on public property may be impounded and given
adequate veterinary medical treatment pending notification of the
owner . If the injured animal is treated or impounded , the owner of
such animal shall be liable for all expenses of the treatment and
impoundment ; however , disposition may be made according to Section
4 . 50 .
Section 4 . 55 .
Disposition of diseased animal .
Any animal taken into custody by the animal control authority ,
except animals which have inflicted human bites during the
preceding ten (10) days , that are visibly affected with any sign of
communicable disease other than rabies which are being held at the
impounding facility , may instead of being impounded , be humanely
destroyed , provided that any animal exhibiting symptoms of rabies
must be handled in a manner prescribed by this Chapter .
Section 4.56.
Adoptions.
(A) An individual may adopt a dog or a cat from the city
animal shelter under the following conditions:
(1)
The animal has been classified as adoptable by the
Animal Control Officer;
(2)
The prospective adopter has proper facilities
care for the animal ;
(3)
The prospective
vaccinations ;
(4)
The prospective adopter pays the applicable fee of
Fifteen Dollars ($15.00) for a dog and Ten Dollars
($10 . 00) for a cat ; and
(5)
The prospective adopter agrees to have the animal
neutered if a male , or spayed if a female , within
thirty (30) days after adoption .
The Animal
Control Officer shall allow additional time in the
case of dogs or cats less than six (6) months of
age .
adopter
obtains
the
to
necessary
(B) The Animal Control Officer may refuse to allow a person to
adopt a cat or dog when he has reason to believe the person
adopting :
(1)
Would not have proper facilities to contain or care
for the animal as required by this Code ; or
(2)
Wants the dog or cat for the purpose of resale or
for other than pet ownership ; or
(3) That the cat or dog would be a hazard to humans or
other animals .
SECTION 3 :
Severability.
The provisions of this Ordinance are declared to be severable ,
and if any section , sentence, clause or phrase of this Ordinance
shall for any reason be held to be invalid or unconstitutional,
such decision shall not affect the validity of the remaining
sections , sentences, clauses or phrases of this Ordinance , but they
shall remain in effect , it being the legislative intent that this
Ordinance shall stand notwithstanding the invalidity of any part.
SECTION 4:
Repealing Clause .
All Ordinances , or parts of Ordinances , inconsistent or in
conflict with the provisions of this Ordinance are hereby repealed.
SECTION 5 :
Effective Date.
A descriptive caption of this Ordinance shall be published two
(2) times in the Houston County Courier , the official newspaper of
the City of Crockett , within fourteen (14) days after the date of
passage thereof ,
and said Ordinance shall become effective
April 15
, 2012 .
PASSED AND ADOPTED this
20
day of
March
, 2012
at a regular meeting of the City Council of the City of Crockett ,
Texas .
CI~TY
OF CROCKETT
BY·~
· -W~~~N-E~M~A-S--K~,~M~A~Y~O~R~~~=-----------
ATTEST :
'hi~~
JJw
HOMPSON, ~ETARY
MITZI
APPROVED:
WILLIAM R . PEMBERTON ,
CITY ATTORNEY