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HomeMy WebLinkAbout955 11-10-1987ORDINANCE NO. 955 AN ORDINANCE REPEALING CHAPTER 3, ENTITLED "ANIMALS AND RABIES CONTROL -, OF THE CODE OF ORDINANCES OF THE CITY OF EULESS, TEXAS, AND ENACTING AS A REPLACEMENT THEREOF A NEW ORDINANCE TO BE KNOWN AS THE "CITY OF EULESS ANIMAL AND RABIES CONTROL ORDINANCE "; PROVIDING FOR DEFINITIONS; PROVIDING PROHIBITIONS AND LIMITATIONS ON THE OWNING AND HARBORING OF CERTAIN ANIMALS; PROVIDING FOR THE IMPOUNDMENT AND DISPOSITION OF CERTAIN ANIMALS; PROSCRIBING ANIMALS AT LARGE; PROVIDING FOR THE LICENSING OF CERTAIN ANIMALS; PROVIDING FEES FOR LICENSING, IMPOUNDMENT, ADVERTISING AND DISPOSAL OF CERTAIN ANIMALS; PROVIDING OTHER RESTRICTIONS ON THE KEEPING, USING AND BREEDING OF CERTAIN ANIMALS; PROVIDING FOR THE IMMUNIZATION AND PROCUREMENT OF A VACCINATION CERTIFICATE AND TAG, PROVIDING A FEE THEREFOR AND A REQUIREMENT OF DISPLAY THEREOF; ESTABLISHING A REQUIREMENT FOR THE REPORTING OF CERTAIN INJURIES INFLICTED BY ANIMALS; PROVIDING A REQUIREMENT FOR CONFINEMENT AND QUARANTINE OF CERTAIN ANIMALS; PROVIDING CERTAIN STANDARDS FOR THE CARE OF ANIMALS; PROHIBITING CERTAIN NUISANCES WITH RESPECT TO THE MAINTENANCE AND KEEPING OF ANIMALS; ESTABLISHING CERTAIN RESTRICTIONS ON THE NUMBER OF ANIMALS WHICH MAY BE MAINTAINED IN RESIDENTIAL AREAS; PROHIBITING THE KEEPING OF WILD ANIMALS AND REPTILES; PROVIDING FOR THE DISPOSAL OF DEAD ANIMALS; PROVIDING PROHIBITIONS AS TO THE MAINTENANCE, KEEPING OR HARBORING OF VICIOUS ANIMALS; PROVIDING CERTAIN LIMITATIONS ON THE MAINTENANCE AND REQUIRING REGISTRATION OF GUARD DOGS AND ESTABLISHING A LICENSING FEE THEREFOR; PROSCRIBING THE TAMPERING WITH CERTAIN TRAPS AND EQUIPMENT AND PROHIBITING THE USE OF CERTAIN TRAPS AND EQUIPMENT FOR THE CAPTURE AND /OR TRAPPING OF ANIMALS; PROVIDING AUTHORITY FOR THE DESTRUCTION OF CERTAIN ANIMALS AND THE IMPOUNDMENT OF INJURED OR DISEASED ANIMALS; PROVIDING A PENALTY FOR VIOLATION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING EXCEPTIONS AND EXEMPTIONS NOT BE REQUIRED TO BE NEGATIVED; PROVIDING FOR AN EMERGENCY; AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS, THAT: ARTICLE I. The animal control regulations as herein established have been made for the purpose of promoting the health, safety, morals and general welfare of the City of Euless. The ordinance contains standards regulating the use, type, location, maintenance, registration, confinement, destruction and harboring of certain animals. The intent of the regulations, prohibitions and provisions is to protect property values within the City of Euless, Texas, to enhance the quality of life of persons, pets and other animals and to protect the general public from damage and injury which may be caused by unregulated animals. ARTICLE II. DEFINITIONS For the purpose of this Code, the following terms, phrases, words or their derivation shall have the meaning given herein. When not inconsistent with the context, words used in the plural number include the singular; words used in the singular include the plural number. The word "shall" is always mandatory and not merely directory. SEC. 3 -1 A. ANIMAL. Any living, vertebrate creature, domestic or wild, other than homo sapiens. B. ANIMAL CONTROL OFFICER. An employees of the City of Ei designated by the City Manager to operation and maintenance of the Shelter and to carry out and provisions of this Code. employee or iless, Texas, supervise the Euless Animal enforce the C. ESTRAY (LIVESTOCK). Domestic animals generally used or raised on a farm for profit or use, including but not limited to a stallion, horse, ANIMAL CONTROL ORDINANCE ORDINANCE NO. 955 PAGE 2 OF 27 Page 2 mare, gelding, filly, colt, mule, jinny, jack, jennet, sheep, goat or any species of cattle, but specifically excluding prohibited animals. D. OWNER. Any person, firm or corporation or association owning, keeping or harboring one (1) or more animals. An animal shall be deemed to be owned by a person, firm or corporation or association who shall harbor, feed or shelter such animal for more than three (3) consecutive days. E. PET ANIMALS. Shall include dogs, cats, rabbits, rodents, birds, fish and any other species of animal, except prohibited animals, which are kept for pleasure rather than utility. F. PROHIBITED ANIMALS. Including but not limited to the following: (1) Class Reptilia: Family Helodermatidae (The Venomous Lizards) and all Varanidae (Monitor); Order Ophidia, Family Biodae (Boas, Pythons, Anacondas); Family Hydrophiidae (Marine Snakes); Family Viperidae (Rattlesnakes, Pit Vipers and True Vipers); Family Elapidae (Coral Snakes, Cobras, and Mambas); Family Colubridae - Dispholidus Typus (Boomslang), Bioga dendrophila (Mangrove Snake) and Kirtlandii (Twig Snake) only; Ordr Crocodilia (such as Crocodiles and Alligators); (2) Class Aves: Order Falconiforms (such as hawks, eagles, falcons and vultures) and Subdivision Raptae (such as ostriches, rheas, cassowaries and emus); (3) Class Mammalia: Order Carnivores, the Family Felidae (such as lions, tigers, bobcats, jaguars, leopards and cougars), except commonly domesticated cats; the Family Canidae (such as wolves, dingos, coyotes, foxes and jackals), except commonly domesticated dogs; the Family Mustelidae (such as weasels, skunks, martins, minks, badgers); Family Procyonidae (racoon); Family Ursidae (such as bears); and Order Marsupialia (such as kangaroos, oppossums, koala bears, wallabys, bandicoots, and wombats); Order Chiroptera (bats); Order Edentata (such as sloths, ANIMAL CONTROL ORDINANCE ORDINANCE NO. 955 PAGE 3 OF 27 Page 3 anteaters, and armadillos); Order Proboscidea (elephants); Order Primata (such as monkeys, chimpanzees, orangutans and gorillas); Order Rodentia (such as beavers, porcupines); and Order Ungulata (such as antelope, deer, bison and camels); (4) Class Amphibia: Poisonous Frogs. Prohibited Animals shall also include non - poisonous snakes of a species which reaches a length greater than six (6) feet, those species of fish the possession of which is prohibited by state law, and pigs, including hogs or sows. Prohibited animals shall not include birds kept or maintained for educational or rehabilitative purposes by persons holding permits therefor from the Texas Department of Parks and Wildlife or the United States Department of Fish and Wildlife. G. RABIES VACCINATION. Shall mean the vaccination of a dog, cat or other domestic animal with an anti - rabies vaccine approved by the State Department of Health and administered by a veterinarian licensed by the State of Texas. H. RESIDENTIAL PREMISES. Any property zoned for or utilized as a multi - family, four -plex, tri -plex, duplex, single family dwelling or mobile home. I. RUNNING AT LARGE. To be free of restraint as provided in SEC. 3 -3 hereof. J. VICIOUS ANIMAL. Any animal that bites or otherwise attacks or by its behavior constitutes a physical threat to any human being or other animal without provocation. ARTICLE III. GENERAL PROVISIONS SEC. 3 -2 IMPOUNDMENT. Animals owned or harbored in violations of this Code or any other ordinance or law of the State of Texas shall be ANIMAL CONTROL ORDINANCE Page 4 ORDINANCE NO. 955 PAGE 4 OF 27 taken into custody by an animal control officer or other designated official and impounded under the provisions of this Code. A. DISPOSITION OF IMPOUNDED ANIMAL. Reasonable effort shall be made by the animal control officer to contact the owner of any animal impounded which is wearing a current vaccination tag; however, final responsibility for location of an impounded animal is that of the owner. Any impounded animal may be redeemed upon payment of the impoundment fee, care and feeding charges, veterinary charges, rabies vaccination charges and other such costs as set by the animal control officer. If such animal is not redeemed within two (2) days after notification to the owner, where the owner is known, it shall be deemed abandoned and may be placed for adoption, subject to payment of the adoption fee, rabies vaccination charges, and such other cost as set by the animal control officer or disposed of by means approved by the animal control officer. Once an animal where ownership is unknown or the owner cannot be located has been impounded for a period of 72 hours, and not redeemed by the owner, the animal control officer shall dispose of the animal, place the animal for adoption or sale, or turn the animal over to the Department of Parks and Recreation for display in public zoos. If the animal is placed for sale, the animal control officer shall publish in a newspaper of general circulation the description of the animal, the name of the owner, if known, that the sale will be for the purpose of defraying cost of impounding, the location and hour of the sale and that the sale will be held on the next regular business day of the City after date of publishing of notice of sale. If the animal is not sold at the sale, the animal control officer may otherwise dispose of it or offer it for sale again. An owner paying a vaccination fee shall be given a receipt for the vaccination payment which can be redeemed by his veterinarian by ANIMAL CONTROL ORDINANCE Page 5 ORDINANCE NO. 955 PAGE 5 OF 27 submitting the receipt. Failure to obtain the vaccination within 72 hours of reclaiming the animal, shall authorize reimpoundment, and /or a citation being written. B. DISPOSITION OF IMPOUNDED ANIMAL BEING HELD ON COMPLAINT. If a complaint has been filed in the Municipal Court of the City of Euless against the owner of an impounded animal for a violation of this Code the animal shall not be released except on the order of the Court which may also direct the owner to pay any penalties for violation of this Code in addition to all impounded fees. Surrender of an animal by the owner thereof to the animal control officer does not relieve or render the owner immune from the decision of the Court, nor to the fees and fines which may result from a violation of this Code. C. REMOVAL OF DOGS AND CATS FROM CONFINEMENT. It shall be unlawful for any person to remove from any place of confinement or quarantine any dog, cat or other animal which has been confined or quarantined as authorized by this Code, without the consent of the animal control officer. D. IMPOUNDMENT BY CITIZEN. If any animal is found upon the premises of any person, the owner or occupant of such premises shall have the right to confine such animal in a humane manner pending notification and impoundment by the animal control officer. When so notified, it shall be the duty of the animal control officer to impounded such animal as herein provided. SEC. 3 -3 ANIMALS RUNNING AT LARGE. It shall be unlawful for any person owning an animal to permit such animal to run at large. An animal shall be running at large unless it is restrained under the following circumstances: A. It is securely caged or confined to its owner's home or yard, which yard is enclosed by a fence of sufficient strength and height to prevent the animal ANIMAL CONTROL ORDINANCE Page 6 ORDINANCE NO. 955 PAGE 6 OF 27 from escaping therefrom or secured on the premises by a chain, leash or other restraining line of sufficient strength to prevent the animal from escaping from the premises and so arranged that the animal will remain upon the premises when the chain, leash or restraining line is stretched to full length. No such chain, leash or restraining line shall be less than ten (10) feet in length. B. It is accompanied by its owner or trainer at a bona fide show, filed trial or exhibition. C. It is secured by a leash or rain of sufficient strength to restrain and control the animal. D. It is a guard dog appropriately registered under the provisions of SEC. 3 -36 of this Code and is in the performance of duty in an enclosed building or securely fenced and locked area marked as provided in SEC. 3 -36 of this Code. Any officer or citizen of the City of Euless is hereby authorized to take up and deliver to the animal control officer any animal that may be found running at large in the corporate limits of the City of Euless. Any peace officer or animal control officer of the City of Euless is authorized to impound any animal running at large or otherwise found in violation of this Code. In the event the animal running at large or in violation of this Code is on private property, or property of the animal's owner, such peace officer or animal control officer may enter such premises, other than a private dwelling, for the purpose of impoundment or the issuance of a citation, or both, subject to the applicable provisions of the law. SEC. 3 -4 CONFINEMENT DURING ESTRUS. Any unspayed female dog or cat in the state of estrus (heat) shall be confined during such period of time in a house, building or secure enclosure and said area or enclosure shall be so constructed that no other dog or cat from outside such enclosure may gain access to the confined animal. Owners not complying may be ordered by an animal control officer to remove the animal in heat to a boarding ANIMAL CONTROL ORDINANCE Page 7 ORDINANCE NO. 955 PAGE 7 OF 27 kennel, veterinary host incurred as a result responsibility of the removal order of an violation of this Code prescribed herein. )ital or of su owner. animal and the animal shelter. All expenses ::h confinement shall be the Failure to comply with the control officer shall be a dog or cat may be impounded as SEC. 3 -5. ADOPTION OF DOGS OR CATS. The animal control officer shall be authorized to place for adoption dogs or cats impounded by the City under the following conditions: A. The animal control officer shall be the sole judge as to whether a cat or dog is healthy enough for adoption, and its health and age adequate for vaccination. However, such decision by the animal control officer shall not constitute a warranty of the health or age of the animal. B. All dogs and cats which are adopted through the City of Euless Animal Shelter shall be surgically altered to prevent reproduction in that animal. The person adopting the animal shall sign an agreement stating that he /she will have said adult dog or cat (females over age six (6) months; males over nine (9) months of age) surgically altered within thirty (30) days of adoption. Immature dogs and cats shall be altered by date designated in the adoption agreement. C. It shall be the responsibility of the person adopting such animal to provide proof of altering to the animal control officer. D. In the event the cat or dog to be adopted is four (4) months of age or older the adoption fee will be $10.00 for dogs and $5.00 for cats. In addition to the adoption fee, if said cat or dog is not licensed or vaccinated, the adopting person shall present to the animal control officer: 1. The license fee as set forth in this Code. 2. In the event said cat or dog is not vaccinated for rabies, a fee of $10.00 for the issuance of ANIMAL CONTROL ORDINANCE Page 8 ORDINANCE NO. 955 PAGE 8 OF 27 a receipt, which the adopting person shall present to any veterinarian in Tarrant County, Texas, within three (3) days for vaccination of the adopted cat or dog. The veterinarian may present the certificate with a statement verifying the vaccination to the animal control officer for receipt of the prepaid fee for administering the rabies vaccination. E. In the event the dog or cat to be adopted is under four (4) months or age, the rabies vaccination will not be required until the animal is at least three (3) months of age but no later than four (4) months of age. F. Failure to comply with this section or failure to comply with the terms of the above agreements shall give the animal control officer the right to recover and impound the adopted animal in question and revoke the owner's permit. Such failure shall also constitute a violation of this Code. G. The adoption fee shall be set to render neutral the cost of surgically altering, medicating and preparing said animal for adoption. H. Receipts for rabies vaccinations or for neutering that are lost may be replaced upon payment of a fee set by the animal control officer. ARTICLE IV. SEC. 3 -6 FEES. The following fees are established beginning with the effective date of this Code. All fees may be changed by the City Council or the City Manager without notice. The fee schedule shall be posted in the City Offices for ten (10) days and will become effective at the end of such period. A. IMPOUNDMENT OF NEUTERED OR SPAYED ANIMAL: 1st. Impoundment $ 10.00 2nd. Impoundment $ 25.00 3rd. Impoundment $ 35.00 4th. Impoundment $ 85.00 ANIMAL CONTROL ORDINANCE Page 9 ORDINANCE NO. 955 PAGE 9 OF 27 B. IMPOUNDMENT OF UN- NEUTERED OR SPAYED ANIMALS: 1st. Impoundment $ 25.00 2nd. Impoundment $ 50.00 3rd. Impoundment $ 75.00 4th. Impoundment $175.00 C. IF PROOF OF RABIES VACCINATION CANNOT BE PROVIDED, THEN THE CURRENT VACCINATION FEE WILL BE CHARGED BEFORE THE ANIMAL IS RELEASED TO ITS OWNER. $ 10.00* *THE CURRENT FEE CHARGED BY LOCAL VETERINARIANS IS SUBJECT TO CHANGE WITHOUT NOTICE. D. FEED AND CARE PER DAY $ 5.00 Quarantine fee, with food $ 5.00 per day Quarantine fee, with owner furnishing food $ 3.00 per day E. CITY LICENSE $ 5.00 F. IMPOUNDMENT AT OWNER'S REQUEST If picked up by animal control officer $ 10.00 If delivered by owner $ 5.00 A $15.00 refund will be given if proof that the animal has been neutered or spayed is presented within thirty (30) days of the initial impoundment. G. THE FOLLOWING SHALL BE THE FEES CHARGED AS POUNDAGE FOR ALL ESTRAYS (LIVESTOCK): 1st. Impoundment $ 50.00 2nd. Impoundment $100.00 3rd. Impoundment $150.00 H. FEED AND CARE FOR ESTRAYS (LIVESTOCK) $ 10.00 per day I. THE OWNER SHALL PAY FOR ANY VETERINARIAN OR DRUG FEES INCURRED FOR THE ANIMAL WHILE IT IS IN THE CUSTODY OF THE CITY. ANIMAL CONTROL ORDINANCE Page 10 ORDINANCE NO. 955 PAGE 10 OF 27 J. FEE FOR NEWSPAPER ADVERTISEMENT. The actual cost as determined from time to time, and in the event more than one animal is advertised in the same advertisement, the cost per head shall be divided equally among the animals sold or redeemed. K. THE FOLLOWING SHALL BE THE FEES CHARGED FOR HANDLING AND DISPOSING OF DEAD ANIMALS: City of Euless animal control officers shall collect and dispose of all dead animals, except livestock for a charge of: 1. Animals weighing less than 40 pounds $ 10.00 2. Animal weighing more than 40 pounds $ 20.00 3. Citizens bring animal to shelter NO CHARGE L. SALE LIABILITY. The City does not in any way warrant the title or ownership of any animal sold at or adopted from the Euless Animal Shelter. The City does not warrant the health or physical condition of any animal which it may sell or offer for adoption. M. REDEMPTION. The owner of any impounded animal may reclaim same as follows: 1. Before the sale or adoption by: Paying all accrued expenses. 2. After the sale or adoption by: Paying the purchaser or adopting party the amount paid, if any, for the animal and reasonable expenses approved by the animal control officer incurred by the purchaser or adopting party in caring for such animal; provided that the owner so redeems the animal within thirty (30) days after the date of the sale or adoption; otherwise, the animal shall become the absolute property of the purchaser or party adopting same. ANIMAL CONTROL ORDINANCE Page 11 ORDINANCE NO. 955 PAGE 11 OF 27 ARTICLE V. ESTRAYS SEC. 3 -7. UNATTENDED ESTRAYS (LIVESTOCK). It shall be unlawful for any person, firm or corporation to allow an estray (livestock) to be unattended upon any public street, alley, thoroughfare or upon the property of another in the Corporate City Limits of the City of Euless, Texas. The person, firm or corporation having ownership or right to immediate control of such estray (livestock) shall have the burden to keep such estray (livestock) off the public streets, alleys and thoroughfares or the property of another in the City. SEC. 3 -8. IMPOUNDMENT. It shall be the duty of the animal control officer to take up any and all estrays (livestock) that may be found in and upon any street, alley or in or upon any unenclosed lot in the City of Euless, Texas, or otherwise to be found at large, and to confine such estrays (livestock) for safe keeping. Upon impounding an estray (livestock), the animal control officer shall prepare a "Notice of Estray" and file such notice in the " Estray Book" located in the office of the animal control officer. Each entry shall include the following: A. The name and address of the person who notified the animal control officer of the estray (livestock). B. The location of the estray (livestock) when found. C. The location of the estray (livestock) pending disposition. D. A description of the animal including it's breed, color, sex, age, size and all markings of any kind, also any other identifying characteristics. SEC. 3 -9. ADVERTISEMENT OF IMPOUNDED ESTRAYS (LIVESTOCK). When an estray (livestock) has been impounded, the animal control officer shall make a diligent search of the register ANIMAL CONTROL ORDINANCE Page 12 ORDINANCE NO. 955 PAGE 12 OF 27 of recorded brands in the county for the owner of the estray (livestock). If the search does not reveal the owner, the animal control officer shall advertise the impoundment of the estray (livestock) in a newspaper of general circulation in the county at least twice during the next fifteen (15) days following impoundment and post a notice of the impoundment of the estray (livestock) on the public notice board of the County Sub - Courthouse and of the Euless City Hall. SEC. 3 -10. RECOVERY BY OWNER. The owner of an estray (live: of the animal at any time before terms of this Code if: A. The owner has provided with an "Affidavit of (livestock) containing information: tock) may recover possession the animal is sold under the the animal control officer Ownership" of the estray at least the following 1. The name and address of the owner. 2. The date the owner discovered that the animal was an estray. 3. The property from which the animal strayed. 4. A description of the animal including it's breed, color, sex, size and all markings of any kind, and any other identifying characteristics. B. The animal control officer has approved the affidavit. C. The affidavit had been filed in the "Estray Book ". D. The owner had paid all estray handling fees to those entitled to receive them. E. The owner had executed an "Affidavit of Receipt" containing at least the following information: 1. The name and address of the person receiving the estray. 2. Date of receipt of estray. 3. Method of claim to estray (owner, purchaser at sale). 4. If purchased at sale, the amount of gross purchase price. ANIMAL CONTROL ORDINANCE Page 13 ORDINANCE NO. 955 PAGE 13 OF 27 5. The net proceeds of the sale. F. The animal control officer has filed the "Affidavit of Receipt" in the " Estray Book ". SEC. 3 -11. SALE OF ESTRAY (LIVESTOCK). If the ownership of an estray (livestock) is not determined within fourteen (14) days following the final advertisement required by this Code, title to the estray (livestock) rests in the City and the animal control officer shall then cause the estray to be sold at a public auction. Title to the estray (livestock) shall be deemed vested in the City of Euless for purpose of passing a good title, free and clear of all claims to the purchaser at the sale. The purchaser of estray (livestock) at public auction may take possession of the animal upon payment thereof. The disposition of the proceeds derived from the sale of an estray at public auction will be as follows: A. Payment of all handling fees to those entitled to receive them. B. Execution of a report of sale of impounded stock. C. The net proceeds remaining from the sale of the estray after the handling fees have been paid shall be delivered by the animal control officer to the City Treasurer. Such net proceeds shall be subject to claim by the original owner of the estray as provided herein. D. If the bids are too low, the animal control officer shall have the right to refuse all bids and arrange for another public auction or sealed bidding procedure. SEC. 3 -12. RECOVERY BY OWNER OF SALE PROCEEDS. Within twelve (12) months after the sale of an estray (livestock) under the provisions of this Code the original owner of the estray (livestock) may recover the net proceeds of the sale that were delivered to the City Treasurer if: ANIMAL CONTROL ORDINANCE Page 14 ORDINANCE NO. 955 PAGE 14 OF 27 A. The owner has provided the animal control officer with an affidavit of ownership. B. The animal control officer has approved the affidavit. C. The approved affidavit has been filed in the "Estray Book ". After the expiration of twelve (12) months from the sale of an estray as provided by this Code, the sale proceeds shall escheat to the City. SEC. 3 -13. USE OF ESTRAY (LIVESTOCK). During the period of time an estray (livestock) is impounded the estray may not be used by any person for any purpose. SEC. 3 -14. DEATH OR ESCAPE OF ESTRAY (LIVESTOCK). If the estray (livestock) dies or escapes while held by the person who impounded it, the person shall report the death or escape to the animal control officer. The report shall be filed in the "Estray Book ". SEC. 3 -15. RESTRICTIONS ON SIZE AND LOCATIONS OF AREA FOR KEEPING LIVESTOCK. It shall be unlawful to keep and maintain any mule, donkey, mare, horse, colt, bull, cow, calf, sheep, goat, cattle or other livestock at a distance closer than one hundred (100) feet from any building located on adjoining property that is used for human habitation or within an enclosed area of less than one -half (1/2) acre, (21,780 square feet) per animal. SEC. 3 -16. RIDING OR DRIVING LIVESTOCK ON SIDEWALKS OR STREETS. It shall be unlawful for anyone to ride or drive livestock on a public sidewalk or within the public street right of way except on the main traveled portion of the street or right of way. ANIMAL CONTROL ORDINANCE Page 15 ORDINANCE NO. 955 PAGE 15 OF 27 SEC. 3 -17. BREEDING OF LIVESTOCK. It shall be unlawful for the owner or harborer of livestock to knowingly permit or cause to be permitted the breeding of any such animal within the public view. ARTICLE VI. RABIES CONTROL AND LICENSING SEC. 3 -18. ANNUAL IMMUNIZATION OF DOGS, CATS OR ANY OTHER ANIMAL REQUIRED AND VACCINATION TAG REQUIREMENT. A. It shall be unlawful for any person to own or keep any dog or cat beyond the normal weaning age in the City unless the dog or cat is immunized by rabies vaccination. B. A veterinarian shall supply the owner of a vaccinated dog or cat with a rabies vaccination tag which shall have stamped upon it the veterinarian's name and vaccination certificate number. It shall be unlawful for an owner to have, harbor or keep, any dog or cat without a current rabies vaccination tag fastened securely to a harness or collar worn about the shoulders or neck of the dog or cat. SEC. 3 -19. RABIES VACCINATION CERTIFICATE REQUIRED. DISPLAY UPON REQUEST. A. Every person owning or keeping any dog or cat immunized against rabies, as provided in Section 3 -19, shall procure a written rabies vaccination certificate, signed by the veterinarian administering the vaccine, and the name and address of the owner. B. The animal control officer or any peace officer may request to see rabies vaccination certificates at any time, and the failure of the owner or person in possession of said dog or cat to furnish same upon such request shall constitute a violation of this Code. ANIMAL CONTROL ORDINANCE Page 16 ORDINANCE NO. 955 PAGE 16 OF 27 C. All dogs and cats three (3) months of age or over which are kept, harbored, or maintained by their owners within the corporate limits of the City of Euless shall be licensed. Dog and cat licenses shall be issued by the City Animal Shelter upon payment of $5.00 for each dog or cat. Before a license will be issued, the owner of the dog or cat must present a certificate from a licensed veterinarian showing that said animal has been vaccinated against rabies within the preceding twelve (12) months. The owner shall state his name and address, and the breed, color and sex of the animal to be licensed. Said license shall be good for one (1) year from date of issuance. D. Upon payment of the license fee, the City shall issue to the owner a license certificate and a metal tag having stamped thereon the year for which it is issued, and the number corresponding with the number on the certificate. Such tag shall at all times be securely attached to a collar or harness worn around the shoulders or neck of the animal. In case a tag is lost, a duplicate will be issued by the City Animal Shelter upon presentment of the receipt showing the prior payment of the license fee for that calendar year. A fee may be charged for the replacement tag. Dog or cat tags shall not be transferable from one dog or cat to another, and no refunds shall be made. SEC. 3 -20. REPORTING BITES. Every physician or of a person or persons for (12) hours thereof report officer giving the name, bitten person or persons officer may require. :her medical practitioner who treats any animal bite shall within twelve such treatment to an animal control age, sex and precise location of the and such other information as the SEC. 3 -21. REPORTING SUSPECTED RABIES. Any veterinarian who clinically diagnoses rabies or any person who suspects rabies in a dog, cat or other animal shall immediately report the incident to an animal control officer, stating precisely where such animal may be found, if ANIMAL CONTROL ORDINANCE Page 17 ORDINANCE N0. 955 PAGE 17 OF 27 known. If a known or suspected rabid animal bites or scratches a person or other animal, such incident shall be reported as required above. SEC. 3 -22. CONFINEMENT OF DOGS AND CATS HELD FOR OBSERVATION. 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 animal control officer in compliance with state law. If the dog or cat is not confined on the owner's premises, confinement shall be by impoundment in the City of Euless Animal Shelter, or at any veterinary hospital of the owner's choice. Such confinement shall be at the expense of the owner. 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, as prescribed in this section. Home quarantine as defined below may be allowed only in those instances where permitted by state law and agreed to by the animal control officer. Refusal to produce said dog or cat constitutes a violation of this Code, and each day of such refusal shall constitute a separate and individual violation. Any prohibited animal which has bitten a person shall be caught and killed and the brain submitted for rabies examination to a Texas Department of Health certified laboratory for rabies diagnosis. The City of Euless may sell and retain the proceeds, keep, grant adoption, or dispose of any animal that the owner or custodian does not take possession of within seventy -two (72) hours following the final day of the quarantine. The animal shall be subject to removal and disposal at the direction of /or by the animal control officer if found to be rabid or if it cannot be maintained in secure quarantine facilities. SEC. 3 -23. QUARANTINE BY OWNER. Quarantine observation may be made at the owner's home if the following qualifications are met. A. Secure facilities are available at such designated place, and approved by the animal control officer. ANIMAL CONTROL ORDINANCE Page 18 ORDINANCE NO. 955 PACE 18 OF 27 B. The dog or cat is contained in an enclosed structure, house or garage for ten (10) days. C. If maintained outside, the dog or cat must be behind a fence from which it cannot escape and on a chain from which it cannot break loose or inside a covered pen or kennel from which it cannot escape. D. The dog or cat must be kept away from other animals and people, excepting those in the immediate household. E. The animal may not be removed from the place of quarantine without notice and consent of the animal control officer. F. The animal or owner were not in violation of this Code at the time of biting. SEC. 3 -24. ANIMALS WHICH HAVE DIED OF RABIES. The head of animals that have died of rabies or are suspected of having died of rabies shall be turned over to an animal control officer or a licensed veterinarian for dispatch to an authorized Texas Department of Health certified laboratory for diagnosis. SEC. 3 -25. DUTY OF PERSON KNOWING OF ANIMALS EXHIBITING SYMPTOMS OF RABIES. Whenever any animal is infected with rabies or suspected of being infected with rabies or has been bitten by an animal known or suspected of being infected with rabies, the owner of the animal or any person having knowledge thereof, shall immediately notify the animal control officer and furnish information, if known, where the animal may be found, and all particulars of the incident. SEC. 3 -26. ANIMAL CARE. If the following shall occur, the animal, bird, or fowl may be impounded and the owner shall be guilty of a violation of this Code: A. The owner shall fail to provide an animal with sufficient good and wholesome food and water, ANIMAL CONTROL ORDINANCE Page 19 ORDINANCE NO. 955 PAGE 19 017 27 adequate shelter and protection from weather, veterinary care when needed to prevent suffering, and with human care and treatment. B. A person shall beat, cruelly ill treat, torment, abuse, overload, overwork or otherwise harm an animal, or cause, instigate, or permit any dog fight, cock fight, bull fight or other combat between animals or between animals and humans. C. A person shall abandon or dump any animal. D. A person shall willfully wound, trap, maim or cripple by any method any animal, bird or fowl. It shall also be unlawful for a person to kill any animal, bird or fowl except domesticated fowl considered as general tablefare such as chicken or turkey, within the City. E. A person shall sell, offer for sale, barter or give away baby chicks, ducklings or other fowl, rabbits or hamsters as novelties, whether or not dyed, colored or otherwise artificially treated; provided, however, that this section shall not be construed to prohibit the display or sale of natural chicks, ducklings or other fowl in proper brooder facilities from hatcheries or stores engaged in the business of selling the same to be raised for commercial purposes, or the sale of rabbits or hamsters as pets. F. A person shall give away any live animal as a prize for, or as an inducement to enter any contest, game or other competition or as an inducement to enter into any business agreement except as to the offering of offspring in a breeding transaction. G. The failure of a person vehicle, who strikes a p immediately report such animal's owner and in the ascertained and located, report the accident to an peace officer. in operation of a motor et animal or livestock to injury or death to the event the owner cannot be such person shall fail to animal control officer or H. A person exposes any known poisonous substance, whether mixed with food or not, so that the same shall be liable to be eaten by a pet animal, ANIMAL CONTROL ORDINANCE ORDINANCE N0. 955 PAGE 20 OF 27 Page 20 livestock, or person. This section is not intended to prohibit the prudent use of herbicides, insecticides or rodent control materials. A person shall also not expose an open trap or metal jaw type trap that shall be liable to injure any pet animal, livestock, or person. SEC. 3 -27. FOWL AT LARGE. It shall be unlawful for any person or persons, association of persons, firm or corporation to permit, suffer or allow any chickens, ducks, turkeys, geese or other fowl, owned, kept or possessed by them or under their control to run at large outside of a cage or pen. SEC. 3 -28. ANIMALS - SLAUGHTERING. It shall be unlawful to slaughter, or maintain any property for the purpose of slaughtering any animal or animals in the City of Euless. SEC. 3 -29. BARKING DOGS. Any person who shall harbor or keep on his premises, or in or about the premises under his control, any dog which by loud or unusual barking or howling shall cause the peace and quiet of the neighborhood or the occupants of adjacent premises to be disturbed shall be guilty of a violation under this Code, and a separate offense shall be deemed committed each day during or on which such violation occurs or continues. SEC. 3 -30. ANIMALS - SANITARY CONDITION OF PENS. Any person who shall harbor or keep on his premises, or in or about a premises under his control, any animal or fowl, and who shall allow such premises to become a hazard to general health and welfare of the community, or who shall allow such premises to give off noxious or offensive odors due to the activity or presence of such animals, shall be guilty of a violation of this Code. SEC. 3 -31. RESTRICTION ON NUMBER OF DOGS, CATS, OR ANY OTHER ANIMALS OR COMBINATION OF BOTH, TO BE KEPT IN RESIDENTIAL PREMISES. It shall be unlawful to keep or harbor more than four (4) dogs, cats or other animals or combination of animals beyond ANIMAL CONTROL ORDINANCE Page 21 ORDINANCE K0. 955 PAGE 21 OF 27 the normal weaning age on any premises, except as permitted in SEC. 3 -15 of this Code. SEC. 3 -32. KEEPING OF PROHIBITED ANIMALS. It shall be unlawful to keep or harbor any prohibited animal within the City of Euless, Texas. SEC. 3 -33. DEAD ANIMALS. It shall be illegal for an owner of any dead animal, fowl or livestock (estray) to fail to lawfully dispose of the dead animal within twenty -four (24) hours of its discovery by the owner. SEC. 3 -34. VICIOUS ANIMALS. No person shall own or harbor a vicious animal within the City of Euless, Texas, and any animal shall be impounded as a public nuisance. If impoundment of such animal cannot be made with safety, the animal may be destroyed by a peace officer or animal control officer without notice to the owner. Any dog which has, on separate occasions, inflicted two (2) or more reported bites and the dog was running at large at the time the incidents occurred shall be deemed vicious and shall be removed from the City within twenty -four (24) hours following the owner being notified, otherwise, or if the owner be unknown said dog shall be impounded and destroyed in a humane manner. Any pet animal or livestock which kills or maims another animal or severely injures a person shall be removed from the City within twenty -four (24) hours following the owner being notified, otherwise, or if such owner be unknown said dog shall be impounded and destroyed. Any pet animal or livestock which maims or kills a person shall be impounded and destroyed. SEC. 3 -35. GUARD DOGS. All dogs kept solely for the protection of premises and property, residential, commercial or personal, shall be registered with the City of Euless Animal Shelter. The building area or premises in which such dog is confined shall be conspicuously posted on all sides with warning signs bearing letters not less than two (2) inches high, stating "GUARD DOG ON PREMISES ". ANIMAL CONTROL ORDINANCE Page 22 ORDINANCE NO. 955 PAGE 22 OF 27 Each guard dog shall be issued a tag varying in color from regular pet animal license tags, so designating that animal as a guard dog for a $5.00 fee. Said tag shall be attached to the collar or harness of the guard dog at all times, and shall bear the words "GUARD OR ATTACK DOG ". Guard dogs registered hereunder shall not be required to have a license tag as designated in SEC. 3 -20, but shall be required to comply with the provisions of SEC. 3 -20. The building area or premises where a guard dog is maintained shall be subject to inspection by any animal control officer to determine that the animal in question is maintained and secured at all times in such a manner as to prevent its contact with the public. SEC. 3 -36. TAMPERING WITH TRAPS AND EQUIPMENT. No person shall remove, alter, damage or otherwise tamper with a trap or equipment set out by the animal control officer. SEC. 3 -37. AUTHORITY TO DESTROY CERTAIN ANIMALS Any peace officer, health officer, or animal control officer may kill any dog, cat or other animal suspected of having rabies and any vicious animal. SEC. 3 -38. IMPOUNDMENT OF NURSING BABY ANIMALS. Any nursing baby animal impounded without the mother or where the mother cannot or refuses to provide nutritious milk, may be disposed of by an animal control officer to prevent suffering. SEC. 3 -39. IMPOUNDMENT OF INJURED OR DISEASED ANIMALS. Any impounded animal that appears to be suffering from extreme injury or illness may be disposed of or given to a non - profit humane organization for the purpose of veterinary medical care, as determined by an animal control officer. SEC. 3 -40. ANIMAL CONTROL OFFICER DUTIES. It shall be the duty of each animal control officer under the supervision of the Director of Environmental Health to ANIMAL CONTROL ORDINANCE Page 23 ORDINANCE N0. 955 PAGE 23 OF 27 carry out all applicable provisions of this Code and to pick up and impound all animals found to be in violation of this ordinance. SEC. 3 -41. ANIMAL CONTROL OFFICERS RIGHT OF INGRESS. Any animal control officer shall have the right of ingress on any property within the City in order to carry out the provisions of this Code, and to determine the condition of any animal, bird or fowl, but in no event shall any animal control officer enter a structure used for human habitation without consent of the occupant unless first securing a search or arrest warrant. SEC. 3 -42. HEADINGS. Headings herein contained are for reference purposes only and shall not affect in any way the meaning or interpretation of this Code. SEC. 3 -43. PENALTY CLAUSE. Any person, firm or corporation violating any of the terms and provisions of this Code shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not less than $25.00, nor more than $1,000.00. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. SEC. 3 -44. SAVINGS CLAUSE. It is hereby declared to be the intention of the City Council of the City of Euless, that the sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph, or section of this Code shall be declared unconstitutional, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Code since the same would have been enacted by the City Council without the incorporation in this Code of any such unconstitutional or invalid phrase, clause, sentence, paragraph or section. SEC. 3 -45. EXCEPTIONS AND EXEMPTIONS NOT REQUIRED TO BE NEGATIVED. In any complaint and in any action or proceedings brought for the enforcement of any provision of this Code, it shall ANIMAL CONTROL ORDINANCE Page 24 ORDINANCE NO. 955 PAGE 24 OF 27 not be necessary to negative any exception, excuse, provision or exemption, which burden shall be upon the defendant. SEC. 3 -46. NON - CONFORMING USES UNDER SEC. 3 -15 AND 3 -32. The owner or occupant of any premises on the effective date hereof keeping and maintaining any livestock in compliance with the provisions of SEC. 3 -11 of the Euless Code of Ordinances in effect prior to the adoption hereof shall, on or before January 1, 1988, register such non - conforming use with the animal control officer on forms promulgated therefor, which registration shall state the name of such owner or occupant, a description of the non - conforming premises, the number and a description of all livestock kept and maintained on the date of such registration. Such non - conforming use as to the keeping and maintenance of such livestock, and only such livestock, may continue. No additional or other livestock may be substituted therefor and such non - conforming use shall be non - transferable to another owner or occupant of such premises. Any owner or occupant of premises which are non - conforming with SEC. 3 -15 of this Code, as herein amended, on the effective date hereof, and which does not register such non - conforming use prior to January 1, 1988, shall bring such premises into compliance with the provisions of SEC. 3 -15 hereof from and after January 1, 1988. The owner or occupant of any premises on the effective date hereof keeping and maintaining any prohibited animals as defined herein who registers, prior to January 1, 1988, the keeping and maintenance of such prohibited animals with the animal control officer on forms promulgated therefor, which registration shall state the name of such owner or occupant, a description of the premises where such prohibited animals are kept or maintained, the number and a complete description of all such prohibited animals maintained on the date of such registration, may continue to keep and maintain such prohibited animals until July 1, 1988, provided such prohibited animals are kept and maintained in conformity with the provisions of SEC. 3 -14 of the Euless Code of Ordinances in effect prior to the adoption hereof. No additional or other prohibited animals may be kept or maintained by such registrant and only those prohibited animals being kept and maintained on the date of such registration may thereafter be ANIMAL CONTROL ORDINANCE Page 25 ORDINANCE NO. 955 PAGE 25 OF 27 kept and maintained until July 1, 1988. Any owner or occupant of a premises containing prohibited animals prior to the effective date of this Code who shall not register such prohibited animals with the animal control officer on or before January 1, 1988, shall remove such prohibited animals from the corporate limits of the City of Euless, Texas, no later than January 1, 1988. Except as inconsistent with or except as required by the provisions hereinabove stated, Chapter 3 of the Euless Code of Ordinances in effect prior to the effective date of this Code is repealed as of the effective dates herein provided for. SEC. 3 -47. EMERGENCY. The fact that the present ordinance and regulations of the City of Euless are inadequate to properly control the harboring and care of animals or injury to humans creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its passage as provided by the Charter of the City of Euless, and it is accordingly so ordained. PRESENTED AND PASSED on first and final reading on the tort, day of Nnvemher , 1987, at a regular meeting of the City Council of the City of Euless, Texas, by a vote of s ayes, 0 nayes and 0 abstentions. APPROVED: Harold Samuels, Mayor ATTEST: Kay Rainey, City S6 retary ANIMAL CONTROL ORDINANCE Page 26 ORDINANCE NO. 955 PAGE 26 OF 27 APPROVE AS TO FORM: Ir Bob McFarland, City Attorney MRM:0054a:msl:102687 ANIMAL CONTROL ORDINANCE ORDINANCE NO. 955 PAGE 27 OF 27 Page 27