The findings set forth above are incorporated into the body of this chapter as fully set forth herein.
(Ordinance 08-01-06, sec. 1, adopted 1/15/08)
Editor's note-Ordinance 08-01-06, secs. 1-22, adopted Jan. 15, 2008, repealed the former ch. 14, secs. 14-1-14-22, and enacted a new ch. 14 as set out herein. The former ch. 14 pertained to similar subject matter and derived from Ordinance 05-04-27, adopted April 19, 2005.
Ordinance No. 05-04-27is hereby repealed in its entirety and replaced by this chapter. The effective date of the repeal discussed in this section shall not occur until the effective date of this chapter, at which time Ordinance No. 05-04-27shall be repealed. Such repeal shall not abate any pending prosecution and/or lawsuit and/or prevent any prosecution and/or lawsuit from being commenced for any violation of Ordinance No. 05-04-27 occurring before the effective date of this chapter.
(Ordinance 08-01-06, sec. 2, adopted 1/15/08)
For the purposes of this chapter, when not inconsistent with the context, words used in the present tense include the future tense, words in the plural include the singular, and words in the singular include the plural, and the use of any gender shall be applicable to all genders whenever the sense requires. Words not defined in this section shall be given their common and ordinary meaning.
Any animal that has not been provided one or more of the necessities of life, which includes air, food, water or protection from the sun and other elements of nature or has been left in the custody of another person without their consent. For the purpose of this chapter, an animal not reclaimed from the city's authorized animal shelter agent(s), within five days of the date the city's authorized animal shelter agent came into possession of the animal, shall also be considered abandoned.
Any live, vertebrate creature, domestic or wild, including but not limited to, dogs, cats, pigs, horses, birds, fish, mammals, reptiles, fowl, livestock and invertebrate creatures housed, sold or adopted as pets, but specifically excluding human beings.
The animal services division of the police department, supervised by the chief of police, or his/her designee, of the city, or its designee, as determined by the city manager.
Any person designated by the chief of police through written agreement or otherwise, to enforce the provisions of this chapter and who is authorized to receive reports of animal bites, investigate bite reports, administer euthanasia, ensure quarantine of suspected rabid animals, and otherwise carry out local, state and/or federal laws relating to animals, including, without limitation, rabies control and eradication.
Any animal which physically molests passersby or passing vehicles; attacks other animals or persons, trespasses on school grounds; roams at large; damages public or private property; or creates a noise disturbance in an excessive, continuous or untimely fashion.
A facility operated by the City of Frisco or its agents or designees for the purpose of impounding or caring for animals held under the authority of this chapter or state or federal laws.
A duly incorporated nonprofit organization that has tax-exempt status under section 501(c)(3) of the United States Internal Revenue Code whose mission is in whole or significant part devoted to the welfare, care and adoption of stray, abandoned or surrendered animals and which does not breed animals. A person shall not be considered an animal welfare organization if the person obtains animals from a breeder or broker in exchange for payment or compensation or resells animals obtained from a breeder or broker and provides payment or compensation to such breeder or broker. A person shall not be considered an animal welfare organization if the person auctions, barters, displays for sale, offers for sale, gives away or sells animals; however, an animal welfare organization may accept an adoption fee that does not exceed the cost of boarding, feeding and care of the animal being adopted.
An animal that is specially trained or equipped to help a human being that is diagnosed by a licensed physician with a physical challenge or emotional disorder. The licensed physician shall provide in writing to animal services that removal of the animal would be detrimental to the person who requires the animal for assistance.
An animal, including fowl or livestock, not in a secure enclosure or not completely confined by a building, wall, pen or fence of sufficient strength of construction, to physically restrain the animal on the premises behind the front building line of the owner or custodian, or an animal that is not under the physical restraint of the owner or custodian or any other person authorized by the owner to care for the animal by leash, cord, chain, or rope.
A person who sells, exchanges or otherwise transfers only animals that were bred or raised, or both, by the person, or sells or otherwise transfers only animals kept primarily for reproduction.
Any cat that is a member of the feline family (Felis catus).
A facility or property where a fee is charged to house, pasture, board, let, or rent horses, cattle, or other livestock and meets all other requirements of the City of Frisco Comprehensive Zoning Ordinance, as it currently exists or may be amended.
Vaccinated and satisfying the following criteria:
The animal must have been vaccinated against rabies according to the label recommendations of a USDA-approved rabies vaccine.
At least 30 days have elapsed since the initial vaccination.
The time elapsed since the most recent rabies vaccination has not exceeded the label recommendations of the USDA-approved rabies vaccine.
Any human being or agency which feeds, shelters, harbors, has possession or control, or has the responsibility to control an animal.
An animal that:
Makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than a secure enclosure in which the animal was being kept and that was certain to prevent the animal from leaving the secure enclosure on its own; or
Commits unprovoked acts in a place other than the secure enclosure in which the animal was being kept and was reasonably certain to prevent the animal from leaving the secure enclosure on its own, and those acts cause a person to reasonably believe the animal will attack and cause bodily injury to that person.
To free from infection by destroying harmful bacteria.
The transfer of an animal from a pet store to another location, including the sale or adoption of the animal, the return of the animal to the person who supplied the animal to the pet store, or removal from the pet store of an animal that is deceased for any reason, including euthanasia.
Any dog that is a member of the canine family (Canine familiaris).
Includes all domesticated species of animals adapted to live in intimate association with human beings or for the advantage of humans commonly accepted as being domesticated, excluding hybrids.
A humane, painless method to end life for suffering, injured, contagious, or sick animals or as required by any state or federal law, as it currently exists or may be amended.
Any ferret (Mustela putorius furo).
Fowl of or relating to an order (Galliformes) of heavy-bodied largely terrestrial birds including pheasants, turkeys, grouse and the common domestic chicken.
The act of keeping and caring for an animal or of providing a premises or other location to which the animal returns for food, shelter or care for a period of three consecutive days. This excludes the feeding of local or migratory birds (domestic or wild) on public or private property.
An animal that has a high probability of transmitting rabies including, but not limited to, skunks, bats, coyotes, raccoons, and foxes.
Strict isolation of a domestic animal secured within a cage, crate, pen, or other LRCA approved isolation area, that consists of four sides, a top, and a bottom. The isolation area shall provide sufficient space to occupy the animal. Such isolation area shall prevent escape by the animal and prohibit all contact with other animals and any human beings by the animal (with exception of the pet owner). One pet owner who resides with the animal will be the sole care and maintenance provider for the animal during the home quarantine observation period.
Any trap designed to capture an animal without injuring the animal.
Any offspring of two animals of different species.
The seizing, taking, collecting, confining, or capturing of an animal.
The confinement of an animal in a secure enclosure that prohibits all interaction with other human beings or animals (except one person responsible for the care of the isolated animal) to prevent the spread of disease or to observe an animal's health.
Any premises wherein any person engages in providing pet care services (except veterinary) for four (4) or more animals, such as boarding, grooming, sitting and training pets, except as prohibited by the City of Frisco's Comprehensive Zoning Ordinance, as it currently exists or may be amended. Kennels are permitted only in zoning districts that allow that use.
Horses or any member of the domesticated horse family, including but not limited to, mules, donkeys and ponies; all types and varieties of cattle; alpacas, and other animals of the same approximate size and weight deemed by animal services to be large livestock.
The supervisor of animal services or his/her designee shall serve as the local rabies control authority (LRCA). He/she shall be authorized to enforce this chapter, receive reports of animal bites/scratches, investigate bite/scratch reports, ensure quarantine of possible rabid animals, ensure quarantine of biting/scratching animals, and otherwise carry out provisions of the Texas Health and Safety Code, chapter 826, as it currently exists or may be amended, to control and eradicate rabies.
Animals that have a low probability of transmitting rabies, including, but not limited to, rats, mice, squirrels, gophers, beavers, prairie dogs, muskrats, nutria, jackrabbits, cottontails, swamp rabbits, opossums, shrews, moles, armadillos, or any animals of the orders Rodentia, Lagomorpha, Didelphimorphia, Insectivora or Xenarthra.
A passive electronic device that is injected into an animal by means of a hypodermic-type syringe device. Each microchip implant shall contain a unique and original number that can be read by an electronic scanning device for purposes of animal identification and recovery by the animal's owner.
An electronic scanner with an operating frequency that detects a microchip that has been implanted in an animal and that displays the number of the microchip implant to its operator. The microchip reader shall be of a type that activates and displays the number of a microchip implant manufactured by multiple vendors.
Providing written notice by personal service, certified mail (return receipt requested), or a notice left at the entrance to the premises where an animal is harbored.
Unless otherwise provided in this chapter, a requirement to notify animal services means to contact animal services by telephone at (972) 292-6010. Notification shall be made immediately, but only as soon as can be done safely.
Time following an incident that an animal's health status is monitored.
Any person, firm, entity, or corporation having ownership of any animal; or a person who has, harbors or keeps, or causes or permits to be harbored or kept, any animal in his/her care or who permits an animal to remain on or about his/her premises or who has custody or control of any animal. Proof that a person is in control of a premises where an animal is usually kept, harbored or maintained shall establish a prima facie presumption that such person is the owner of such animal.
Includes an individual, partnership, firm, corporation, association, trust, estate, or other legal entity.
Includes domestic dogs, domestic cats, domestic ferrets, rabbits, rodents, birds, reptiles and any other species of animal that are customarily sold or retained as a household pet, but shall not include swine and wild animals, such as, among others, skunks, squirrels, coyotes, foxes, opossums, bats, nonhuman primates, and any other species of wild, poisonous or carnivorous animal that may be further restricted in this chapter or regulated by any state or federal law, as it exists or may be amended.
A retail establishment open to the public and selling or offering for sale animals, including, but not limited to, animals for use as pets or animals intended as food for other animals. "Pet store" does not include a retail establishment open to the public and selling or offering for sale animals to agricultural operations for purposes that are directly related to the raising of livestock or poultry on a farm or ranch. A person who sells, exchanges or otherwise transfers only animals that were bred or raised, or both, by the person, or sells or otherwise transfers only animals kept primarily for reproduction, shall be considered a breeder and not a pet store.
A person who owns or operates a pet store, or both.
A domestic dog that is owned or employed by a governmental law enforcement agency.
Any structure used to immediately restrict an animal to a limited amount of space, including a cage, pen, room, pet carrier or a structure approved by the LRCA, or his/her designee.
A person who purchases an animal from a pet store operator without the intent to resell the animal.
The observation period during which a biting/scratching animal or an animal suspected of rabies is physically confined for observation as provided by local, state or federal laws, as they exist or may be amended.
An acute viral disease of human beings and animals affecting the central nervous system and customarily transmitted by an infected/contagious warm-blooded animal.
To make physically clean and to destroy, to the extent practical, agents injurious to the health of animals and humans.
A fenced area behind the front building line or inside of a structure that is:
Locked;
Capable of preventing any entry by the general public, including children;
Capable of preventing the escape or release of an animal;
Clearly identified or marked as containing a dangerous animal with a sign no less than 12 inches by 12 inches; and
Secured in such a fashion to prevent an animal from exiting of its own volition through any openings (i.e., windows, screen windows, screen doors, etc.) or other means.
An animal qualified as a "service animal" under the federal Americans with Disabilities Act.
A structure that is capable of providing cover and protection from the weather. At a minimum, a shelter must have three (3) sides, a top, a bottom and must be adequately ventilated; it must have bedding material; and it must be large enough so that the animal can enter, stand, turn around, and lie down.
All types of domesticated swine, sheep, lambs, goats, and other animals of the same approximate size and weight or deemed as such by animal services to be small livestock.
Any animal for which there is no identifiable owner, custodian, or harborer and/or is a public nuisance and may be impounded.
The person designated by the chief of police or his/her designee to supervise all aspects and operations of animal services.
The Texas Department of State Health Services, Zoonosis Control Division, as it currently exists or may be amended.
Any leash, chain, cord, rope or other means of restraining an animal or the act of chaining, tying, fastening or otherwise securing an animal to a fixed point so that it can move or range only within certain limits.
The release of an animal by its owner to another person by sale, gift, adoption or other disposition, including the exchange of animals between pet stores.
The United States Department of Agriculture.
Properly injected with an approved rabies vaccine licensed for use in that species by the United States Department of Agriculture (USDA) and administered by a licensed veterinarian.
A veterinarian licensed by the state board of veterinary medical examiners to practice veterinary medicine in the State of Texas or a person who practices veterinary medicine on an installation of the armed forces or National Guard.
Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis, and treatment of diseases and injuries of animals.
Treatment by or at the direction of a Texas-licensed veterinarian.
Any animal that is customarily considered dangerous, or undomesticated, including, but not limited to:
Foxes;
Skunks;
Opossums;
Raccoons;
Wolves;
Bears;
Squirrels;
Leopards;
Panthers;
Tigers;
Lions;
Lynx;
Alligators;
Crocodiles;
Caymans;
Boa constrictors;
Ocelots;
Cougars;
Cheetahs;
Jaguars;
Bobcats;
Servals;
Caracals;
Hyenas;
Coyotes;
Jackals;
Baboons;
Chimpanzees;
Orangutans;
Gorillas;
Any member of the families, classifications or order of: Helodermatidae (venomous lizards), Hydrophiidae (venomous snakes), Viperidae (rattlesnakes, pit vipers and true vipers), Elapidae (coral snakes, cobras, and mambas), Columbridae-Dispholidus Typus (boomslang), Bioga Dendrophila (mangrove snake) and Kirklandii (twig snake only), Suidae (i.e., swine), Crocodilia, Aves Order Falconiforms (i.e., hawks, eagles, falcons & vultures), Carnivores, Felidae (i.e., lions, tigers, bobcats, jaguars, leopards and cougars, except domestic cats), Canidae (i.e., wolves, dingos, coyotes, foxes and jackels and any hybrid or an animal listed in the section, except domesticated dogs), Mustelidae (i.e., weasels, skunks, martins, minks, badgers and otters, except domestic ferrets), Procyonidae (i.e., racoons and coati), Ursidae (i.e., bears), Marsupialia (i.e., kangaroos, opossums, koala bears, wallabys, bandicoots, and wombats), Chiroperta (i.e., bats), Edentata (i.e., sloths, anteaters, and armadillos), Proboscidea (i.e., elephants), Primata (i.e., monkeys, chimpanzees, orangutans and gorillas), Rodentia (i.e., beavers and porcupines), Ungulata (i.e., antelope, deer, bison, and camels), Amphibi (poisonous frogs, except nonpoisonous reptiles or nonpoisonous snakes);
Any hybrid of an animal listed in this definition;
All nonhuman primates, excluding registered therapy animals and service animals, unless certified for medical, biological, herpetological or other scientific research or study. This definition shall apply regardless of state or duration of captivity);
Wild animal does not include small livestock, large livestock, fowl or normal household pet animals, such as, but not limited to domestic dogs, domestic cats, domestic ferrets, cockatiels, hamsters, guinea pigs, gerbils, rabbits, fish or nonpoisonous reptiles or small, nonpoisonous snakes (less than three feet total length).
(Ordinance 08-01-06, sec. 3, adopted 1/15/08; Ordinance 15-10-76, sec. 2, adopted 10/6/15; Ordinance 2020-01-03 adopted 1/21/20)
(a)
Vaccination requirements.
The owner and/or custodian of a domestic dog, domestic cat or domestic ferret shall have his/her animal vaccinated against rabies by four months of age. The animal must receive a rabies booster within a 12-month interval following the initial vaccination. Every domestic dog, cat or ferret must be revaccinated against rabies a minimum of at least once every three years with a rabies vaccine licensed by the USDA. The vaccine must be administered according to label instructions. Livestock should be vaccinated against rabies. Nothing in this section prohibits a veterinarian and owner or custodian from selecting a more frequent rabies vaccination interval. Any person moving into the city from a location outside of the city shall comply with this section of this chapter within 30 days after having moved into the City of Frisco. If the animal inflicted a bite and/or scratch on any person or another animal within the last ten days, the owner and/or custodian of said animal shall report the bite and/or scratch incident to animal services as soon as possible, but not later than 24 hours of moving into the City of Frisco. No rabies vaccine shall be administered during the 240-hour observation period until the 240-hour observation period is concluded according to state law, as it exists or may be amended.
(b)
Certificate of vaccination.
Upon vaccination with an approved rabies vaccine, the veterinarian shall execute and furnish to the owner of the animal 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)
The current name, address and telephone number of the owner of the vaccinated animal;
(2)
The date of vaccination;
(3)
The date vaccination expires (revaccination due date);
(4)
The type of rabies vaccine used, expiration date, and serial number;
(5)
The year and number of rabies tag to be worn by animal at all times;
(6)
The breed, age, color, and sex of the vaccinated animal; and
(7)
The veterinarian's signature or signature stamp and license number.
(c)
Rabies tags.
Concurrent with the issuance and delivery of the certificate of rabies vaccination referred to in subsection (b), the owner of the animal shall cause to be attached to the collar or harness of the rabies vaccinated animal, a metal tag that is serially numbered to correspond with the vaccination certificate number, and bearing the year of issuance and the name of the issuing veterinarian or veterinarian's clinic and his/her telephone number. The owner shall cause the collar or harness with the attached rabies vaccination metal tag to be worn by the animal at all times. Rabies vaccination certificates and tags shall be valid only for the animal for which it was originally issued.
(d)
Duplicate rabies tags.
In the event of loss or destruction of the original rabies tag provided in subsection (c), the owner of the animal shall obtain a duplicate rabies tag from the licensed veterinarian who originally vaccinated the animal. Duplicate rabies vaccination certificates and tags shall be valid only for the animal for which it was originally issued.
(e)
Proof of vaccination.
It shall be unlawful for any person who owns or harbors a vaccinated animal to fail or refuse to exhibit his/her copy of the certificate of vaccination upon demand to any person charged with the enforcement of this chapter.
(f)
Harboring unvaccinated animal.
It shall be unlawful for any person to harbor any animal that has not been vaccinated against rabies, as provided herein, or that cannot be identified as having a current rabies vaccination certificate.
(g)
Animals exposed to rabies.
Any person having knowledge of the existence of any domestic animal known to have been, or suspected of being, exposed to rabies must immediately report such knowledge to animal services, and the LRCA or his/her designee, and provide any information that may be required. For any animal known to have been, or suspected of being, exposed to rabies, the following rules must apply:
(1)
Domestic animals that have a current rabies vaccination must be humanely euthanized or revaccinated immediately and placed in strict isolation, at the owner's expense, in a primary enclosure for observation according to the method prescribed by the LRCA for a period of not less than 45 days or the suspected rabies carrier animal is available for testing, is tested and the test has returned a negative result for rabies. (See Exhibit A [which is hereby recognized as being in full force and effect as if set out in this Code and kept on file in the city clerk or secretary's office].)
(2)
Domestic animals that do not have a current rabies vaccination should be humanely euthanized. However, if the owner of such an animal elects, he/she may, at his/her expense and in a manner prescribed by the LRCA, quarantine said animal in a primary enclosure or the suspected rabies carrier animal is available for testing, is tested and the test has returned a negative result for rabies. Such animal must be vaccinated immediately following exposure and placed in strict isolation for not less than 90 days and given booster vaccinations during the third and eighth weeks while in isolation during the observation period. For young animals, additional vaccinations may be necessary to ensure the young animal receives at least two vaccinations at or after the age prescribed by the United States Department of Agriculture (USDA) for the vaccine administered. (See Exhibit A attached hereto.)
(3)
This section only applies to domestic animals for which an approved rabies vaccine is available.
(4)
If a licensed veterinarian determines that a quarantined animal shows the clinical signs of rabies, the veterinarian or animal services shall humanely euthanize the animal. If an animal dies or is euthanized while in quarantine, the veterinarian or animal services shall remove the head of the animal and submit it to the nearest state-approved department laboratory for testing.
(Ordinance 08-01-06, sec. 4, adopted 1/15/08; Ordinance 2020-01-03 adopted 1/21/20)
(a)
Reporting requirements.
Any person having knowledge of an animal bite/scratch to a human being will report the incident to animal services and the LRCA as soon as possible, but not later than 24 hours from the time of the incident. This reporting requirement may not apply to bites/scratches inflicted by low risk animals.
(b)
Quarantine.
The owner of the biting/scratching animal may not vaccinate that animal and will place that animal in a 240-hour quarantine in a primary enclosure for observation commencing on the day of the biting/scratching incident under the supervision of animal services and the LRCA, or his/her designee, at the owner's expense.
(c)
Investigation.
Animal services and the LRCA, or his/her designee, will investigate each bite incident. All bites or scratches from low risk animals may be investigated at the discretion of the LRCA, the TDSHS or other state or federal animal regulatory authorities.
(d)
Exclusion.
Bites/scratches to human beings from rodents, moles, shrews, opossums, armadillos, rabbits, birds, and all cold-blooded animals are excluded from the reporting requirements of this chapter. Police dogs are exempt from the requirements of this chapter, unless determined otherwise by a licensed veterinarian or the LRCA, or his/her designee, but may be subject to home quarantine.
(Ordinance 08-01-06, sec. 5, adopted 1/15/08; Ordinance 2020-01-03 adopted 1/21/20)
(a)
Procedure.
When a domestic dog, domestic cat or domestic ferret that is suspected of biting/scratching a human being is identified, the owner or custodian of the domestic dog, domestic cat or domestic ferret is required to produce the animal to animal services for two hundred and forty (240) hours confinement in a primary enclosure at the owner's expense. Refusal to produce said biting/scratching animal to animal services constitutes a violation of this section and each day of such refusal constitutes a separate and individual violation. The two hundred and forty (240) hour observation period will begin on the day when the bite/scratch incident occurs. The biting/scratching animal must be placed in the custody of animal services at the animal services facilities specified for this purpose, or at a private veterinary facility designated by the TDSHS for quarantine at the owner's expense. However, the owner of the biting/scratching animal may request permission from animal services for home quarantine if the following criteria can be met:
(1)
The animal must be placed in a primary enclosure to prevent exit, entry and contact by any persons or animals by the biting/scratching animal at the home of the animal's owner, and must be inspected and approved by the LRCA, or his/her designee.
(2)
The animal is currently vaccinated against rabies, unless the animal is under four (4) months of age in which case animal services and the LRCA may grant home quarantine.
(3)
Animal services, the LRCA, or his/her designee, or a valid state-licensed veterinarian must observe the animal at least on the first (1st) and last day of the home quarantine observation period. If the animal becomes ill during the observation period, animal services and the LRCA, or his/her designee, must be notified immediately by the animal's owner, veterinarian, or person having possession of the animal. At the end of the home quarantine observation period, the animal's owner may request a written release.
(4)
The animal was not at large at the time of the bite/scratch incident as defined in section 14-3 above.
(5)
If the biting/scratching animal cannot be maintained in a primary enclosure during the quarantine period, it shall be humanely euthanized and the head/brain submitted to a state certified laboratory for rabies diagnosis.
(b)
Exemption.
At the discretion of the LRCA, currently vaccinated service animals and police dogs may not be required to be placed in quarantine during the observation period, unless otherwise directed by a licensed veterinarian.
(c)
Interruption of observation.
It shall be unlawful for any person to interrupt the 240-hour observation period. Any animal that cannot be properly quarantined must be tested for rabies.
(d)
Multiple bites by animals.
An animal that has inflicted multiple bites or scratches may be required by animal services and the LRCA, or his/her designee, to be immediately tested for rabies.
(e)
Stray domestic animals.
Any stray domestic animal found at large that inflicted a bite/scratch may be tested prior to the end of the 240-hour observation period.
(f)
Low risk animals.
No biting/scratching low risk animal will be tested; however, a biting/scratching low risk animal may be immediately tested if the animal services officer and the LRCA suspect the low risk animal of being rabid.
(g)
Wild animals and high risk animals.
No biting/scratching wild animal or biting/scratching high risk animal will be placed in quarantine. All wild animals and high risk animals involved in biting/scratching incidents will be humanely euthanized and tested for rabies.
(h)
Quarantine procedure for biting/scratching large livestock and small livestock.
Large livestock and small livestock shall be quarantined or suitably confined for 30 days or as determined by the animal services officer and the LRCA.
(i)
Signs of rabies while quarantined.
If a veterinarian determines that a quarantined animal shows the clinical signs of rabies, the veterinarian or the LRCA, or his/her designee, shall humanely destroy the animal. If an animal dies or is destroyed while in quarantine, the veterinarian or LRCA, or his/her designee, shall remove the head of the animal and submit it to the nearest state-approved department laboratory for testing.
(j)
Medical conditions of animal's health.
If a veterinarian determines that due to the medical condition(s) of the animal's health, the animal would not be able to be quarantined at the City of Frisco's Animal Shelter, the animal must be quarantined at a veterinarian clinic for the duration of the rabies quarantine observation period.
(Ordinance 08-01-06, sec. 6, adopted 1/15/08; Ordinance 15-10-76, sec. 2, adopted 10/6/15; Ordinance 2020-01-03 adopted 1/21/20)
(b)
Licensing authority and participating veterinarians.
(1)
Licenses under this section may be issued by:
a.
The city's animal services administrator (the "animal services administrator"); or
b.
A veterinarian who is licensed by the state, who treats dogs and cats, and who submits a written request to the animal services administrator of their desire to issue licenses under this section and executes an indemnity agreement in a form approved by the city, or a person and/or entity so authorized in an agreement approved by the city council, which includes an indemnification provision (the "license authority").
(2)
License authority.
The license authority shall comply with all local, state and federal laws. The license authority shall strictly comply with this section and any written agreements between the city and license authority regarding licensing of dogs and cats.
(3)
Participating license authority.
The animal services administrator shall provide the participating licensing authorities with the applicable forms and tags to administer the licensing regulations of this section. Participating licensing authorities shall:
a.
Issue licenses and distribute license tags only to persons who meet the requirements set forth in this section;
b.
Collect the license fee for each animal issued a license and shall not charge an animal's owner a price which is greater than or less than the applicable fees established by city council ordinance;
c.
The licensing authority may charge a convenience fee for issuing a license not to exceed $5.00. A convenience fee may not be imposed if only forms are being supplied and the license authority is not issuing tags or collecting money;
d.
Send to the animal services administrator (or the licensing authority if so designated by the animal services administrator), full payment of collected license fees, a copy of the application, a copy of the license, and any other information deemed necessary by the animal services administrator. Such payment and information shall be sent by the participating licensing authority no later than the sixth day of the month following the month in which the license was issued. The same is required for replacement tags issued under this section;
e.
Assume full responsibility for the secure and proper handling of all license tags issued to him/her by the animal services administrator, and shall be responsible for contracting the animal services administrator to receive additional tags prior to their supply running out;
f.
Comply with all local, state and federal laws;
g.
Keep thorough and secured records of applications filed, licenses issued, licenses denied, rabies vaccination records, and tags at the participating licensing authorities place of business;
h.
Allow the animal services administer to inspect, at reasonable times, all license records, rabies vaccination records, and tags on hand at the participating licensing authorities business location; and
i.
Assist the city in collecting information and providing copies of records and other documents, if so required by the law.
If a participating licensing authority fails to comply with the procedures and requirements set forth in this section, the participating licensing authority shall be deemed in violation of the ordinance from which this section derives and shall automatically forfeit his/her ability to administer and issue licenses under this section. The city also reserves the right to seek any remedies, available by law, against the participating licensing authority. |
(c)
Application for license and fees.
(1)
Application.
Application for a dog or cat license shall be submitted to the city's animal services administrator or license authority. Incomplete applications shall not be accepted. A complete application shall include the following:
a.
The name, telephone number and address of the owner of the dog or cat;
b.
b. A description of the animal, including name, breed, color, gender and age;
c.
c. Full payment of the pet licensing fee, as established by city council ordinance;
d.
A currently valid rabies certificate issued by a licensed veterinarian showing that said dog or cat has been vaccinated within the preceding 12 months for animals being registered for a 12-month period or 36 months for animals being registered for a 36-month period;
e.
If the animal is sterilized, a certificate by a veterinarian or other clear and convincing evidence that the animal has, in fact, been sterilized; and
f.
If the animal is microchipped, a certificate or other evidence establishing the animal's microchip identification number and registration bank.
(2)
Pet licensing fee.
1-Year Fee | 3-Year Fee | |||
|---|---|---|---|---|
Dog | Cat | Dog | Cat | |
Non-Microchipped/Non-Spayed or Neutered Pet | $7.50 | $7.50 | $20.00 | $20.00 |
Microchipped but not Spayed or Neutered Pet | $6.25 | $6.25 | $16.00 | $16.00 |
Microchipped and Spayed or Neutered Pet | $5.00 | $5.00 | $12.50 | $12.50 |
Senior Citizen (Over 65) | $0.00 | $0.00 | $0.00 | $0.00 |
Replacement tag | $5.00 | $5.00 | $5.00 | $5.00 |
(d)
Replacement tags.
In the event of loss or destruction of a license tag, replacement tags shall be available from the animal services administrator or license authority for the payment of a replacement fee as set forth as established by city council ordinance, upon satisfactory proof that the dog or cat in question was properly licensed.
(e)
Issuance of license.
Upon receipt of a complete application, the animal services administrator or license authority will approve the license and furnish a numbered license tag for each licensed pet. Such license tag shall be worn by the animal to evidence the issuance of the city license. The license tag shall be valid for so long as the animal's license remains valid. The city, or the license authority shall maintain a record of all licenses issued under this section, which shall show the name and address of each person issued a license, the number of the license tag furnished, a description of the dog or cat for which the license is issued, the date of issuance, the fee paid, the place of issuance, the type of rabies vaccine administered, and the date of inoculation.
(f)
Denial of license.
The animal services administrator and/or the license authority shall deny a license if owner failed to submit a complete application or if the animal services administrator or license authority has knowledge that a reason for revocation of the license exists. If a license is denied, a written notice of the action shall be sent to the owner explaining the reasons for denial. Notice shall be sent by depositing a certified letter, return receipt requested, in the United States Mail and addressed to the last address provided by the owner on his/her license application.
(g)
Expiration of license.
Each license shall expire upon the first occurrence of any of the following:
(1)
The 30th day next following the expiration of one year from the date of issuance if the pet received a one-year rabies vaccination;
(2)
The 30th day next following the expiration of three years from the date of issuance if the pet received a three-year rabies vaccination;
(3)
The death of the animal;
(4)
The 30th day next following any change of ownership of the animal, unless the license has been amended by that date;
(5)
The 30th day next following any change of the address of the animal's owner unless the license has been amended by that date with current address information; and
(6)
The 30th day next following the expiration of any rabies vaccination.
Editor's note-Formerly entitled, "Domestic dog, domestic cat, and domestic ferret registration", renamed as set out herein by Ordinance 11-09-35. |
(Ordinance 08-01-06, sec. 7, adopted 1/15/08; Ordinance 11-09-35, sec. 2, adopted 9/6/11; Ordinance 2020-01-03 adopted 1/21/20)
(a)
Prohibition.
It shall be unlawful for any owner, custodian, or harborer to allow any domestic dog or other animal possessed, kept, or harbored, to roam at large as defined in section 14-3 of this chapter.
(b)
Authority of animal services officer.
Animal services officers are authorized to pursue onto private and public property and impound animals that roam at large, and may impound animals at large under conditions specified in section 14-13 of this chapter, or when he/she has received a complaint that said animal has caused a nuisance or hazard to the health, safety or welfare of human beings or the animal population.
(Ordinance 08-01-06, sec. 8, adopted 1/15/08; Ordinance 2020-01-03 adopted 1/21/20)
(a)
The keeping of any animal that physically molests passersby or passing vehicles, attacks other animals, is not accompanied by a responsible person who maintains physical control over the animal by leash, cord, rope or other physical restraint device, trespasses on school grounds, and/or damages public or private property is prohibited.
(b)
The keeping of bees in such a manner as to deny the lawful use of adjacent property or endanger personal health, safety and welfare is prohibited. Upon determination that a bee colony situated within the city limits is not being kept in compliance with this section, animal services may order the bees to be removed from the city or destroyed.
(c)
It shall be unlawful and constitute a public nuisance for an owner/custodian of a cat to allow the cat to roam beyond the boundaries of the owner's/custodian's property.
(d)
It shall be unlawful and constitute a public nuisance to keep any animal(s) that causes frequent, excessive or long continuous barking, whining, crying, meowing, howling, or other animal-related noise that interferes with public peace and comfort.
(e)
It shall be unlawful and constitute a public nuisance for any person to maintain any animal in such a manner or allow any pen, enclosure, yard or similar place used for the keeping of animals to become unsanitary, offensive by reason of odor, offensive by lack of maintenance or creates a visual nuisance, creates any favorable condition for any zoonotic diseases or any other diseases, or creates any condition that is a breeding place for fleas, ticks or other vectors.
(f)
It shall be unlawful and constitute a public nuisance for the owner/custodian of any animal to allow excreta deposited by his/her animal to remain on public or private property. Any condition injurious to public health caused by the lack of or improper disposal of animal waste will be considered a violation of this section. Public property includes, but is not limited to, walks, sidewalks, alleys, parks, or recreation areas.
(g)
It shall be unlawful for any person to intentionally cause, suffer or permit the maintenance of an attractive environment for the assembly of unconfined and unvaccinated stray dogs or cats by the placement of food. It shall be an affirmative defense that the dogs or cats were feral and that the person placed the food solely for the purpose of apprehending stray dogs or cats.
(h)
It shall be unlawful for any owner, custodian or person to allow any animal to remain a public nuisance as defined herein.
(i)
It shall be unlawful and constitute a public nuisance to slaughter or kill an animal in public view.
(Ordinance 08-01-06, sec. 9, adopted 1/15/08; Ordinance 15-10-76, sec. 2, adopted 10/6/15; Ordinance 2020-01-03 adopted 1/21/20)
(a)
Baby fowl.
It shall be unlawful for any person to sell, offer for sale, barter, or give away as toys, premiums or novelties, baby chickens, ducklings, or other fowl under eight weeks old. Sale of such animals for agricultural purposes is exempt from this provision if sold in quantities of ten or more.
(b)
Change of color of certain animals.
It shall be unlawful to color, dye, stain, or otherwise change the natural color of any chickens, ducklings, other fowl, or rabbits, or to possess for the purpose of sale or to be given away, any of the above-mentioned animals which have been so colored.
(c)
Animals as prizes or inducements.
No person shall give away any animal as:
(d)
Sales of animals from public property.
A person commits an offense if he/she sells, exchanges, barters or gives away or offers to sell, exchange, barter or give away any animal from:
(e)
Pet store permit.
(1)
Permit required.
A person wishing to operate a pet store in the city must apply for and receive a pet store permit. A pet store permit shall be issued by the police department if the requisite fee is paid and the pet store and pet store operator meet each of the following requirements, as determined by animal services' inspection of the pet store:
a.
Cold and hot water and disinfecting/sanitizing chemicals appropriate for washing and disinfecting primary enclosures must be easily accessible to all parts of the animal housing areas;
b.
Fresh water must be available and accessible to all animals at all times. Water, food and waste containers used by or accessible to animals are to be sanitized, cleaned and disinfected each day. All water and food containers used by or accessible to animals must be removable for cleaning and mounted, placed, weighted or designed so that the animal cannot easily turn them over. Disposable food or water containers are acceptable for one-time use only;
c.
The ambient temperature in animal housing areas must be maintained between 60°F and 79°F at all times, except as otherwise directed in writing by a licensed veterinarian. The temperature and humidity in individual primary enclosures must be maintained at levels that are healthful for the species of animals being housed, and adequate ventilation or aeration, as appropriate, must be maintained in all animal housing areas at all times;
d.
Each primary enclosure must be of sufficient height and sufficient floorspace for the animal to stand up, sit down, turn about freely using normal body movements without the head touching the top of the primary enclosure, lie down with limbs outstretched, exercise normal postural movement, move about freely as appropriate for the species, age, size and condition of the animal, and, when appropriate, to experience socialization with other animals, if any, in the primary enclosure. However, when freedom of movement would endanger the animal, temporarily and appropriately restricting movement of the animal in a humane manner is permitted;
e.
Each primary enclosure must be constructed of a nonporous material with surfaces that prevent the absorption of fluids and that can be thoroughly and repeatedly sanitized, will not retain odors and from which fluids bead up and run off or can be removed without being absorbed into the surface material. Each primary enclosure occupied by a dog, cat, rabbit, ferret or bird must be thoroughly sanitized, cleaned and disinfected as needed, but no less frequently than once per day, including Sundays and holidays. For other species of animals, each primary enclosure occupied by an animal must be thoroughly sanitized, cleaned and disinfected as needed, but no less frequently than once per week. The pet store operator must maintain written records sufficient to document the required cleaning of each primary enclosure for a period of not less than one (1) year after each such cleaning. Each primary enclosure must be locked or otherwise secured to prevent the escape of any animal being kept therein. Injured or ill animals must be kept isolated from healthy animals;
f.
Feeding records must be maintained on a daily basis to ensure that all animals are fed a proper and nutritious diet specific to each animal's needs. The daily feeding records must be maintained or posted in a readily accessible location. All veterinarians' orders must be in writing and kept on record and available for inspection by animal services and other law enforcement officers during regular business hours. All animals under six (6) months of age are to be fed at least two (2) times per 24-hour period, or as directed by a veterinarian, and all other animals must be fed at least one (1) time per 24-hour period, or as directed by a veterinarian. Animals that do not require daily feedings are exempt from the daily feeding requirement; however, feeding records shall be maintained and the animal shall be kept in a healthful condition;
g.
Each bird must have sufficient room to stand upright without touching the top of its primary enclosure and to spread its wings fully without touching the side of its enclosure. Each bird must have access to a perch that is placed horizontal to other perches in the same enclosure and must be of adequate size for the species being housed. The primary enclosure must be sufficiently ventilated. Birds must be housed in primary enclosures with other birds of similar size such that the largest bird does not exceed twice the weight of the smallest bird in a single primary enclosure. There must be clean water and suitable food available to each bird at all times, and all troughs or other receptacles must be easily accessible to each bird and placed so that each bird cannot turn them over or defile their contents. Injured, diseased, or dead birds must be immediately removed from housing areas holding healthy birds;
h.
Sufficient clean and dry bedding must be provided to meet the needs of each individual animal whose species typically uses bedding;
i.
When a primary or temporary enclosure is being cleaned in a manner, or with a substance, that is or may be harmful to the animals within the enclosure, those animals shall be removed from the enclosure. Animal and food wastes, used bedding, debris and any other organic wastes shall be removed as necessary to prevent contamination of the animals and to reduce disease hazards and odors. Pest control measures shall be implemented to effectively control infestation of vermin, insects or other pests;
j.
Proof of current rabies, parvo, distemper and Bordetella vaccinations must be maintained for all dogs, cats and ferrets;
k.
Written procedures must be in place to notify animal services of any local rabies control incident as required by law;
l.
Primary enclosures for prey species shall be located where they cannot be directly seen in close proximity by predator animals for that species;
m.
Light shall be uniformly distributed, by natural or artificial means, in a manner that permits routine inspection and cleaning, and the proper care and maintenance of the animals.
(2)
(Reserved)
(3)
Enforcement.
a.
A person who operates a pet store commits an offense if he/she transfers ownership or offers to transfer ownership of any animal without first obtaining or maintaining a pet store permit. Each animal sold or offered for sale in violation of this subsection shall constitute a separate violation.
b.
A person, including a pet store operator, commits an offense if he/she holds a permit issued under this subsection (e) and refuses access, upon request of animal services or other law enforcement officer, to any portion of the premises that house or are used to service the animals, equipment, and any required registrations, veterinary records, feeding logs, permits or other records required under this subsection (e) or other law during regular business hours or otherwise interferes with animal services or other law enforcement officer in the performance of their duties.
c.
A person, including a pet store operator, commits an offense if he/she holds a permit issued under this subsection (e) and fails to meet the requirements set forth in this subsection (e) or chapter 14. Each separate violation shall constitute a separate offense. Each animal sold or offered for sale in violation of subsection (e) or chapter 14 shall constitute a separate violation.
d.
The city may recover a civil penalty of not more than $1,000.00 per day for each violation of any provision of this subsection (e) if the city proves that:
e.
Nothing in this subsection (e) shall prevent a pet store from offering for adoption (but not sale) dogs, cats, rabbits or ferrets owned by a government-operated animal shelter or an animal welfare organization and collecting an adoption fee. The adoption fee must only be collected by the government-operated animal shelter or animal welfare organization.
(4)
Suspension, revocation, and appeal.
a.
Suspension of permit.
The supervisor of animal services is entitled to, without warning, notice or hearing, suspend a permit required by this subsection (e) if the operation of a pet store constitutes an imminent hazard to public or animal health, safety or welfare and/or for interference with animal services or other law enforcement officers in the performance of their duties. Suspension is effective upon service of notice. A pet store inspection report may serve as notice. Animal services shall post and maintain at the entrance of the pet store notice of the conditions therein, or require the pet store operator to post and maintain at the entrance of the pet store notice that the pet store is prohibited from selling or offering to sell animals. Whenever a permit is suspended, the holder of the permit or the pet store operator shall be notified in writing that the permit is, upon service of the notice, immediately suspended and that an opportunity for an appeal hearing will be provided if a written request for a hearing is filed with animal services by the holder of the permit within ten (10) days from the date the notice is received. If a written request for an appeal hearing is filed within the required time period, animal services shall hold a hearing on the appeal and either affirm or rescind the suspension within ten (10) days of the notice of appeal being received. At least two (2) days before the appeal hearing occurs, animal services shall provide the permit holder with notice of the time and place of the hearing. The permit holder shall be permitted to attend and be heard at the hearing. If animal services affirms the suspension, the suspension shall be a final suspension. If no written request for an appeal hearing is filed within ten (10) days, the suspension is sustained until compliance with this subsection (e) is met. It is the responsibility of the permit holder to request a reinspection once full compliance with this subsection (e) has been met. A reinspection must be performed by animal services to ensure compliance prior to ending the suspension. Additional reinspections may be required if compliance is not met. The request for each reinspection must be made to animal services and a reinspection fee of five hundred dollars ($500.00) shall be paid before each inspection is performed. Animal services may end the suspension at any time if the reasons for suspension no longer exist and all fees have been paid.
b.
Revocation of permit.
The supervisor of animal services is entitled to, after providing an opportunity for an appeal hearing, revoke a permit required by this subsection (e) for serious or repeated violations of any of the requirements of this subsection (e), for violations of other applicable law affecting public or animal health, safety or welfare and/or for interference with animal services or other law enforcement officers in the performance of their duties. Prior to revocation, animal services shall notify the holder of the permit or the pet store operator, in writing, of the reason for which the permit is subject to revocation and that the permit shall be revoked at the end of the ten (10) days following service of such notice unless a written request for an appeal hearing is filed with animal services by the holder of the permit within such ten (10) day period referred to in the notice. If a written request for an appeal hearing is filed within the required time period, (i) the revocation shall not take effect unless and until animal services determines to do so in its ruling at the conclusion of the appeal hearing; and (ii) animal services shall hold a hearing on the appeal and either enact or reject the revocation. At least two (2) days before the appeal hearing occurs, animal services shall provide the permit holder with notice of the time and place of the hearing. The permit holder shall be permitted to attend and be heard at the hearing. If no request for an appeal hearing is filed within the ten (10) day period referred to in the notice, the revocation of the permit becomes final.
c.
Appeals.
All appeals from final suspension or revocation of a permit required by this subsection (e) shall be made in writing to the city manager or his designee. The appeal shall be filed in writing within ten (10) days of the occurrence of the final suspension or revocation. At least three (3) days before the appeal hearing occurs, the city shall provide the permit holder with notice of the time and place of the hearing. The permit holder shall be permitted to attend and be heard at the hearing. The city manager or his designee shall hear and rule on the appeal within thirty (30) days after notice of the appeal. The city manager or his designee shall have the power to reverse a decision of animal services where he finds that the basis for such final suspension or revocation was not meritorious and that such a reversal will not adversely affect the public or animal health, safety or welfare. All decisions of the city manager or his designee shall be subject to review by the city council at its option at one of its regularly scheduled meetings. The decision of the city manager or his designee will be final unless reversed by the city council. The city council's failure to take action on any such appeal shall constitute approval of the decision by the city manager or his designee.
d.
Administrative process.
A notice required by this subsection (4) is properly served when it is delivered to the holder of the permit or the pet store operator via hand-delivery, or when it is sent by registered or certified mail, return receipt requested, or when it is sent via Federal Express or any courier service that provides a return receipt showing the date of actual delivery to the last known address of the holder of the permit. The hearings provided for in this subsection (4) shall be conducted by the applicable regulatory authority at a time and place designated by it. The applicable regulatory authority shall make final findings, and shall sustain, modify or rescind any notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the holder of the permit by the applicable regulatory authority.
(5)
Pet store operator obligations.
a.
Each pet store operator shall comply with the following animal care requirements:
i.
Housing only compatible animals in the same enclosure.
ii.
Observing each animal at regular intervals, at least three times per day for dogs and cats and at least once per day for all other animals, in order to recognize and evaluate general symptoms of sickness, injury, or abnormal behavior.
iii.
Taking reasonable measures to house intact mammals that have reached sexual maturity in a manner to prevent unplanned reproduction.
iv.
Having a documented program of routine care, preventative care, emergency care, disease control and prevention and veterinary treatment and euthanasia, as outlined in subsection vii., that is established and maintained by the pet store and approved by a licensed veterinarian, to ensure adherence to the program with respect to each animal. For pet stores offering for sale dogs or cats, this program also shall include a documented onsite visit to the pet store premises by a licensed veterinarian at least once per week. For all other pet stores, this program also shall include a documented onsite visit to the pet store premises by a licensed veterinarian at least once per year.
v.
Maintaining and abiding by written animal husbandry procedures that address animal care, management and safe handling, disease prevention and control, routine care, preventative care, emergency care, veterinary treatment, euthanasia, and disaster planning, evacuation, and recovery that is applicable to the location of the pet store. These procedures shall be reviewed with employees who provide animal care and shall be present, in writing, either electronically or physically, in the store and made available to all store employees.
vi.
Ensuring that each diseased, ill or injured animal is evaluated and treated without delay. If necessary for the humane care and treatment of the animal, the animal shall be provided with veterinary treatment without delay.
vii.
Euthanasia.
1.
If there is a determination that an animal may need to be euthanized, ensuring that the euthanasia and other veterinary treatment is provided without delay.
2.
Notwithstanding subsection 1., a rodent or rabbit intended as food for another animal may be euthanized by a pet store operator or an employee of a pet store only if the animal is euthanized by a method that is performed in a humane manner, appropriate for the species, authorized by state law, and in compliance with the American Veterinary Medical Association (AVMA) Guidelines on Euthanasia, published by the AVMA.
3.
The euthanasia performed on a rodent or rabbit intended as food for another animal pursuant to subsection 2. may be performed by a pet store operator or an employee of a pet store only if a state-licensed veterinarian has certified, in writing, that the pet store operator or employee is properly trained and proficient in performing the method of euthanasia on that particular species. The certification shall be valid for a period of not more than three (3) years, and may be recertified for additional periods of three (3) years. Each certification of a pet store operator or employee shall be retained by the pet store for three (3) years. The certification shall be made available, upon request, to animal services and other law enforcement officers.
4.
It is the responsibility of the pet store operator to ensure that euthanasia is performed in compliance with this section.
viii.
Isolating and not offering for sale those animals that have or are suspected of having a contagious condition. The pet store shall have one or more quarantine areas of adequate size to accommodate animals that have or are suspected of having a contagious condition. This subsection shall not apply to those animals that are effectively isolated by their primary enclosure, including, but not limited to, fish, provided that a sign is posted on the enclosure that indicates that these animals are not for sale, or otherwise marked in a manner to prevent their sale to customers during their treatment for the contagious condition.
ix.
Not displaying for sale, offering for sale or selling any dog or cat unless the dog or cat is at least eight (8) weeks of age and has been weaned.
x.
In the event of a natural disaster, an emergency evacuation, or other similar occurrence, the humane care and treatment of each animal is provided for, as required by this chapter, to the extent access to the animal is reasonably available.
b.
Each pet store operator shall comply with the following recordkeeping and disclosure requirements:
i.
Maintaining records sufficient to document the origin of each dog, cat, rabbit or ferret the pet store sells or provides space for, including any federal and state breeder or dealer license number of the breeder or dealer from whom the pet store obtained each animal, for at least one (1) year after the disposition of the animal. Additionally, the pet store operator shall post, in a conspicuous location on the cage or enclosure of each dog, cat, rabbit or ferret, a sign listing the name of the breeder, public animal services agency or shelter, private shelter, nonprofit organization, person or other entity from which each animal was obtained.
ii.
Maintaining written records sufficient to document the health and disposition of each dog, cat, rabbit or ferret for a period of not less than two (2) years after the animal is sold. These records shall be available to animal services and other law enforcement officers, prospective purchasers of a specific dog, cat, rabbit or ferret, or the purchaser of a dog, cat, rabbit or ferret for inspection during normal business hours.
iii.
Maintaining records sufficient to document the manner of transportation of each dog, cat, rabbit or ferret transferred to the pet store, including the aggregate time the animal spent in transit, for at least one (1) year after the disposition of the animal. These records shall be available to animal services and other law enforcement officers, prospective purchasers of a specific dog, cat, rabbit or ferret, or the purchaser of a dog, cat, rabbit or ferret for inspection during normal business hours.
iv.
Providing to each prospective purchaser of a specific animal or purchaser of an animal a copy of the veterinary medical records of the animal.
c.
Each pet store operator shall comply with the following veterinary and consumer protection requirements:
i.
Ensuring that records of all veterinary visits to the pet store and orders for veterinary treatment are documented in writing. Veterinary treatment records shall be kept for each animal or group of animals that receives medications or immunizations while in the care of the pet store. These records shall include summaries of direction received orally from veterinarians, and shall include all of the following:
1.
Identification of the animal or group of animals receiving medical treatment.
2.
Name of the medication or immunization used.
3.
Amount of medication used.
4.
Time and date on which the medication or immunization was administered.
5.
Identity of veterinarian providing such direction.
Records required by this subsection i. shall be made available during business hours to each purchaser of a dog, cat, rabbit or ferret at the time of sale. |
ii.
Providing to each prospective purchaser of a specific animal upon request and to each purchaser of an animal at the time of sale information concerning the store's animal return policy, which shall be made available to customers either through in-store signs or written handouts. The return policy shall include the circumstances, if any, under which the pet store will provide follow-up veterinary care for the animal in the event of illness. Each pet store operator shall maintain records sufficient to identify each dog, cat, rabbit or ferret returned to and accepted by the pet store after the pet store sold each such animal to a purchaser. Records required by this subsection ii. shall be made available upon request to animal services and other law enforcement officers.
iii.
Providing to purchasers of dogs, cats, rabbits or ferrets all of the following information at the time of sale on a form and/or in format prescribed by the city:
1.
Any spay or neuter procedures performed on the animal.
2.
Any vaccinations, medical treatment and veterinary treatment administered to the animal during its stay in the pet store.
3.
Any identification device on or in the animal.
4.
With respect to cats, all of the following information:
(A)
The breeder's name, address and federal and state breeder license number(s), if known, or if not known, the source of the cat. If the person from whom the cat was obtained is a dealer licensed by the United States Department of Agriculture, the person's name, address and federal and state dealer license number(s). All unredacted violations of any federal or state animal welfare law the cat breeder, dealer or transporter received in the previous two years on federal or state inspection reports, if known.
(B)
The date of the cat's birth, unless unknown because of the source of the cat, and the date the pet store received the cat.
(C)
The breed, sex, color and identifying marks at the time of sale, if any. If the cat is from a United States Department of Agriculture-licensed source, the individual identifying tag, tattoo or collar number for that animal, if available. If the breed is unknown or mixed, the record shall so indicate.
(D)
A record of the immunizations and worming treatments administered, if any, to the cat as of the time of sale, including the dates of administration and the type of vaccine or worming treatment.
(E)
A record of any known disease or sickness that the cat is afflicted with at the time of sale. In addition, this information shall also be orally disclosed to the purchaser.
5.
With respect to dogs, all of the following information:
(A)
The breeder's name, address and federal and state breeder license number(s), if known, or if not known, the source of the dog. If the person from whom the dog was obtained is a dealer licensed by the United States Department of Agriculture, the person's name, address and federal and state dealer license number(s). All unredacted violations of any federal or state animal welfare law the dog breeder, dealer or transporter received in the previous two years on federal or state inspection reports, if known.
(B)
The date of the dog's birth, and the date the pet store received the dog. If the dog is not advertised or sold as purebred, registered or registerable, the date of birth may be approximated if not known by the seller.
(C)
The breed, sex, color and identifying marks at the time of sale, if any. If the dog is from a United States Department of Agriculture-licensed source, the individual identifying tag, tattoo or collar number for that animal, if available. If the breed is unknown or mixed, the record shall so indicate.
(D)
If the dog is advertised or being sold as being capable of registration, the names and registration numbers of the sire and dam, and the litter number, if known, and all other information required to register the dog.
(E)
A record of the immunizations and worming treatments administered, if any, to the dog as of the time of sale, including the dates of administration and the type of vaccine or worming treatment.
(F)
A record of any veterinarian treatment or medication received by the dog while in the possession of the pet store and either of the following:
1)
A statement, signed by an authorized agent of the pet store operator at the time of sale, disclosing that:
2)
A record of any known disease, illness and any congenital or hereditary condition that adversely affects the health of the dog at the time of sale, or is likely to adversely affect the health of the dog in the future, along with a statement signed and dated by a veterinarian that authorizes the sale of the dog, recommends necessary treatment, if any, and verifies that the disease, illness or condition does not require hospitalization or nonelective surgical procedures, nor is it likely to require hospitalization or nonelective surgical procedures in the future. A veterinarian statement is not required for intestinal or external parasites unless their presence makes the dog clinically ill or is likely to make the dog clinically ill. The statement shall be valid for seven days following examination of the dog by the veterinarian, and the pet store shall not sell a dog for which such statement is required unless the statement is valid as of the time of sale. For the purposes of this section, "nonelective surgical procedure" means a surgical procedure that is necessary to preserve or restore the health of the dog, to prevent the dog from experiencing pain or discomfort, or to correct a condition that would interfere with the dog's ability to walk, run, jump, or otherwise function in a normal manner. For the purposes of this section, "clinically ill" means an illness that is apparent to a veterinarian based on observation, examination or testing of the dog, or upon a review of the medical records relating to the dog. For purposes of this section, a disease, illness or congenital or hereditary condition that adversely affects the health of a dog at the time of sale or is likely to adversely affect the health of the dog in the future shall be one that is apparent at the time of sale or that should have been known by the pet store operator from the history of veterinary treatment disclosed pursuant to this section.
(G)
A disclosure made pursuant to subsection (F) shall be signed by both an authorized agent of the pet store operator certifying the accuracy of the statement, and the purchaser of the dog, acknowledging receipt of the statement.
iv.
Maintaining records for identification purposes of the person from whom dogs, cats, rabbits or ferrets in the pet store were acquired, including that person's name, address, and telephone number and the date the animal was acquired.
v.
Conspicuously posting, within close proximity to the cages of dogs, cats, rabbits or ferrets offered for sale, a notice containing the following language in I00-point type: "Information on the source of dogs, cats, rabbits or ferrets, and veterinary treatments received by these animals is available for review. Purchasers must receive information about the animal on a form prescribed by the City of Frisco."
vi.
Unless otherwise required, all records required by this section (e) shall be maintained by the pet store on the pet store premises for two (2) years from the date of disposition of the animal, and shall be made available immediately upon request to animal services or other law enforcement officers.
(6)
Microchip implants.
b.
Notwithstanding subsection a., this section does not require a dog or cat to be microchipped if a licensed veterinarian certifies in writing that the dog or cat is medically unfit for the microchip implanting procedure because the dog or cat has a physical condition that would be substantially aggravated by the procedure. The dog or cat's age shall not per se constitute medical unfitness.
(7)
Domestic-born animals.
A pet store shall not offer to sell or transfer or sell or transfer an animal that was born outside of the territorial limits of the United States of America.
(8)
Inspections.
Animal services shall inspect each pet store offering dogs or cats for sale at least once per calendar quarter and all other pet stores at least once per year, except that animal services shall inspect any pet store more frequently if deemed necessary by animal services.
(Ordinance 08-01-06, sec. 10, adopted 1/15/08; Ordinance 15-10-76, sec. 2, adopted 10/6/15; Ordinance 2020-01-03 adopted 1/21/20)
(a)
An owner shall not own, harbor, shelter, or have custody or control of a wild animal or other prohibited animal for any purpose within the Frisco City limits, except as follows:
(1)
A county, municipality, agency of the state, an agency of the United States, or an agent or official of a county, municipality, state or agency acting in an official capacity;
(2)
A research facility, as that term is defined by Section 2(e), Animal Welfare Act (7 U.S.C. sec. 2132), and its subsequent amendments, that is licensed by the Secretary of Agriculture of the United States under that Act;
(3)
An organization that is an accredited member of the American Zoo and Aquarium Association;
(4)
An injured, infirmed, orphaned or abandoned wild animal or other prohibited animal while being transported for care or treatment;
(5)
An injured, infirmed, orphaned or abandoned wild animal or other prohibited animal while being rehabilitated, treated or cared for by a licensed veterinarian, an incorporated human society or animal shelter or a person that holds a rehabilitation permit issued under V.T.C.A., Parks and Wildlife Code ch. 43, subch. C, as it currently exists or may be amended;
(6)
A wild animal or prohibited animal owned by and in custody or control of a transient circus company that is not based in this state if the animal is used as any essential, integral part of the circus performances;
(7)
A wild animal or prohibited animal while in the temporary custody or control of a television or motion picture production company during filming of a television or motion picture production in this state; or
(b)
An owner of a wild animal or prohibited animal, even if kept in violation of this section, shall:
(c)
An owner of a wild animal or prohibited animal that escapes is liable for all costs incurred in apprehending and confining the animal and for any costs and expenses incurred by way of personal injury or death in attempting to apprehend and confine such animal.
(d)
The LRCA, animal services officers, Frisco Police Officers, or an employee of animal services, or any city-authorized person or agent, shall not be liable to an owner of a wild animal or other prohibited animal for damages that arise in connection with the escape or attack of a wild animal or other prohibited animal, including, but not limited to, liability for damage, injury, or death caused by the wild animal or other prohibited animal during or after the wild animal's or other prohibited animal's escape, or for injury to, or death of, the wild animal or other prohibited animal as a result of apprehension or confinement of the wild animal or other prohibited animal after escape.
(e)
Search and seizure.
Animal services officers, Frisco Police Officers, the LRCA, the LHA, and/or other city-authorized personnel shall be authorized to obtain a search and seizure warrant if there is reason to believe that an animal ordered to be removed from the City of Frisco for being a wild animal or other prohibited animal has not been so removed.
(Ordinance 08-01-06, sec. 11, adopted 1/15/08; Ordinance 2020-01-03 adopted 1/21/20)
(a)
It shall be unlawful for any person to own, keep or harbor a dangerous animal within the Frisco City limits, except as provided in this section.
(b)
For the purposes of this section, a person learns that the person is the owner/custodian of a dangerous animal when the:
(c)
If the licensee or owner/custodian of a dangerous animal is a minor, the parent or guardian of the minor shall be liable for all costs, injuries and property damage sustained by any person or domestic animal in an unprovoked attack by the dangerous animal.
(d)
Should any person desire to file a complaint concerning an animal which is believed to be a dangerous animal, a sworn, written complaint must be first filed with animal services and include the following:
(1)
Name, address and telephone number of complainant and other witnesses;
(2)
Date, time and location of any incident involving the animal;
(3)
Description of the animal;
(4)
Name, address and telephone number of the animal's owner, if known;
(5)
A statement describing the facts upon which such complaint is based; and
(6)
Statement describing any incidents where the animal has exhibited dangerous propensities in past conduct, if known.
(e)
If a person reports an incident described by the definition of "dangerous animal" in section 14-3 above, animal services may investigate the incident. Animal services shall accept sworn statements from all victims and witnesses to the attack.
(f)
After a sworn complaint is filed, it shall be referred to the court of competent jurisdiction to set a time and place for a hearing not to exceed 20 days from the date and time the complaint is received. The animal services officer, or his/her designee, shall give notice of the hearing to the animal's owner at least ten days prior to the hearing date. After the owner of the animal is notified, the owner shall immediately surrender such animal to an animal services officer to keep such animal at the city's animal shelter or at a veterinarian's clinic at the owner's expense, until such time the hearing is held by the court of competent jurisdiction. The owner is liable for all fees and citations pertaining to the animal's impoundment. Each day the animal has not been surrendered to animal services shall constitute a separate offense.
(1)
Any interested party, including the City of Frisco City Attorney, is entitled to present evidence at the hearing.
(2)
The court of competent jurisdiction shall receive testimony at the hearing to determine if the animal specified in the complaint is a dangerous animal and should be permanently removed from the City of Frisco, euthanized, or registered as a dangerous animal for the protection of the public health, safety and welfare of the community. To order euthanasia, removal, or registration as a dangerous animal for the public health, safety and welfare, the court of competent jurisdiction must find the following facts to be true:
(3)
If the court of competent jurisdiction finds the animal to be dangerous, the owner shall have a microchip inserted into the dangerous animal by a licensed veterinarian and provide animal services with the alphanumeric combination code contained in the microchip within 30 days to assist in the identification of the dangerous animal. The owner of the dangerous animal shall assume all responsibility for microchipping their animal, including all costs. The dangerous animal must also be made available, at any time, to animal services to verify the microchip data by scanning the animal. Failure to microchip, show proof of microchipping, or make the animal available for scanning shall constitute separate offenses.
(4)
If the court of competent jurisdiction orders destruction, removal or registration of the animal and the owner is not present at the hearing, the owner shall be given notice of the decision. If the destruction, removal or registration of the animal is not ordered, the city's animal services officer or other city-authorized person shall return the animal to the owner upon the owner's payment of all fees to the city and its authorized agents. If the court of competent jurisdiction orders the animal removed from the city, the owner has 30 days to do so. The owner shall furnish animal services and/or other city-authorized designee evidence of such removal within ten days thereof.
(5)
A person commits an offense if he/she possesses and fails to release to the city's animal services, or veterinarian as approved by animal services, an animal that has been charged by sworn complaint as provided in subsection (d) of this section and whose euthanasia or removal has been ordered by the court of competent jurisdiction; provided that such euthanasia or removal order has not been appealed. Each day the animal has not been released to the city's animal services or approved veterinarian shall constitute a separate offense.
(g)
An owner or person filing the action may appeal the decision of the court of competent jurisdiction in the manner provided for the appeal of cases from the court of competent jurisdiction within 10 days of the decision.
(h)
The City of Frisco may, after notification an animal has been declared a dangerous animal, provide public notice of the declaration.
(1)
The declaration shall include the dangerous animal's description, place of residence, and any other public information the City of Frisco deems relevant to maintain the public health, safety and welfare.
(2)
The City of Frisco may provide notice of the dangerous animal by, but is not limited to, publishing notice in a newspaper or other periodical or circular in circulation in the area where the dangerous animal resides, holding a neighborhood meeting, posting notices in the area where the dangerous animal resides, or posting notice on the City of Frisco website.
(3)
For purposes of determining liability, the release or withholding of information by an appointed or elected official of the City of Frisco is a discretionary act.
(i)
It is a defense to the determination of an animal as dangerous that:
(1)
The threat, injury or damage was sustained by a person who at the time was committing a willful trespass or other tort upon the premises occupied by the owner of the animal;
(2)
Person was teasing, tormenting, abusing or assaulting the animal or has, in the past, been observed or reported to have teased, tormented, abused or assaulted the animal;
(3)
Person was committing or attempting to commit a crime;
(4)
Animal(s) attacked or killed was at the time teasing, tormenting, abusing or attacking the alleged dangerous animal;
(5)
Animal was protecting or defending a person within the immediate vicinity of the animal from an unjustified attack or assault;
(6)
Animal was injured and responding to pain; or
(7)
Animal at issue is a trained guard animal in the performance of official duties while confined or under the control of its handler.
(j)
It is a defense to prosecution under this section that the:
(1)
Person is a veterinarian, a peace officer, a person employed by a recognized animal shelter or 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 animal; provided, however, that for any person to claim a defense in this subsection, that person must be acting within the course and scope of his or her official duties as regards to the dangerous animal;
(2)
Person is an employee of the institutional division of the Texas Department of Criminal Justice or a law enforcement agency and trains or uses animals for law enforcement or corrections purposes; provided, however, that for any person to claim a defense in this subsection, that person must be acting within the course and scope of his or her official duties as regards to the dangerous animal; or
(3)
Person is a trainer or an employee of a guard animal company under the Private Investigators and Private Security Agencies Act in V.T.C.A., Occupation Code ch. 1702, as it exists or may be amended; provided, however, that for any person to claim a defense in this subsection, that person must be acting within the course and scope of his/her official duties as regards to the dangerous animal.
(k)
Requirements for any dangerous animal within the Frisco City limits the owner must comply with all of the following:
(1)
Register the dangerous animal with animal services within 30 days of entering the city limits or of being determined as a dangerous animal by the court of competent jurisdiction. The dangerous animal registration is valid for one year from the date of issue for the original owner and is not transferable;
(2)
Present proof of current rabies vaccination;
(3)
Provide proof of liability insurance in a single incident amount of $100,000.00 for bodily injury or death of any person or persons, of for damage to property owned by any person which may result from the ownership of such animal;
(4)
Maintain on the dangerous animal at all times a fluorescent orange colored ID collar visible at 50 feet in normal daylight and a tag that provides the animal services issued registration number of the dangerous animal, along with the owner's name, current address and current telephone number so the animal can be identified;
(5)
Keep all dangerous animals securely confined indoors or in a secure enclosure behind the front building line, except when leashed as provided herein;
(6)
Not keep a dangerous animal on a porch, patio or in any part of a house or structure that would allow the animal to exit such building of its own volition. In addition, no dangerous animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacles preventing the animal from exiting the structure;
(7)
Prevent a dangerous animal from going outside its secure enclosure, unless such animal is securely leashed with a leash not longer than six feet in length and in the immediate control of a person;
(8)
Prevent a dangerous animal from going outside its secure enclosure, unless such animal is muzzled in a manner that will not cause injury to the animal, nor interfere with its vision or respiration but shall prevent it from biting any person or animal when the dangerous animal is taken out of its secure enclosure for any reason;
(9)
Display on their premises a sign that is easily readable by the public using the words "Beware - dangerous animal" in a conspicuous place on the enclosure or pen of such dangerous animal and posted on all entrances to the dwelling, building or structure. The sign shall be no smaller than one foot (12 inches x 18 inches) total area, with alphabetic letters with no less than two-inch height;
(10)
Provide to animal services a minimum of two current color photographs of the dangerous animal in two different poses (front and side views) showing the color, any specific markings, and the approximate size of the dangerous animal;
(11)
Have a microchip inserted into the dangerous animal by a licensed veterinarian and provide animal services with the alphanumeric combination code contained in the microchip within ten days. The dangerous animal must also be made available, at any time, to animal services to verify the microchip data by scanning the animal;
(12)
Report any attack(s) the dangerous animal makes on any person or animal as soon as possible, but not later than 24 hours from the time of the incident;
(13)
Report to animal services in writing within 30 calendar days that:
a.
The dangerous animal has been removed from the City of Frisco, along with the new owner's name, current address and current telephone number;
b.
The dangerous animal has died; or
c.
The dangerous animal has moved within the city, along with the new owner's name, current address and current telephone number. The new owner must comply with this section and re-register the dangerous animal with animal services.
(14)
Comply with the ownership requirements listed above. If the owner of a dangerous animal fails to comply with the ownership requirements, the owner or harborer will be given written notice that if the animal is not surrendered to animal services for impoundment within seven calendar days, then the dangerous animal may be seized and impounded. A written notice left at the entrance to the premises where the dangerous animal is kept or harbored will be considered valid notice under this subsection.
(l)
Search and seizure.
Animal services officers, Frisco Police Officers, the LRCA, and other city-authorized personnel shall be authorized to obtain a search and seizure warrant if there is reason to believe that:
(1)
An animal ordered to be removed from the City of Frisco for being dangerous has not been so removed;
(2)
An animal ordered to be euthanized for being dangerous has not been so euthanized;
(3)
An owner has failed to comply with one or more of the requirements for registering a dangerous animal according to subsection (k); or
(4)
A dangerous animal seized and impounded under this section shall not be returned to the owner until the owner complies with all requirements for ownership of a dangerous animal as determined by the court of competent jurisdiction. If all the fees have not been paid and all requirements have not been met within ten days, the dangerous animal may be humanely euthanized.
(m)
Violation.
A person commits an offense if the person is the owner of a dangerous animal and the dangerous animal makes an unprovoked attack on another person outside of the animal's secure enclosure and causes bodily injury to the other person.
(n)
Other violations.
A person who owns or keeps custody or control of a dangerous animal commits an offense if the person fails to comply with any provision of this section. An offense under this section is a class C misdemeanor:
(1)
An offense under this section is a class C misdemeanor, unless the attack causes serious bodily injury or death, in which event the offense is a class A misdemeanor, unless otherwise classified by state law.
(2)
If a person is found guilty of an offense under this section, the court may order the dangerous animal destroyed by a person listed in V.T.C.A., Health and Safety Code sec. 822.004, as it currently exists or may be amended.
(3)
In addition to criminal prosecution, a person who commits an offense under this section is liable for a civil penalty not to exceed $10,000.00. The City of Frisco Attorney may file suit in a court of competent jurisdiction to collect the penalty. Penalties collected under this subsection shall be retained by the City of Frisco.
(Ordinance 08-01-06, sec. 12, adopted 1/15/08; Ordinance 2020-01-03 adopted 1/21/20)
(a)
The following animals may be impounded:
(1)
Any animal believed to be infected with rabies;
(2)
Any animal posing a threat to the public health, safety or welfare;
(3)
Any animal found at large;
(4)
Any animal treated in a manner determined by animal services to be cruel and/or inhumane;
(5)
Any animal that is suspected of biting or scratching a human being, or any animal that is suspected of coming into contact with a rabies high risk animal that requires isolation to observe for possible rabies, as determined by animal services and/or state or federal authorities;
(6)
Any animal in protective custody;
(7)
Any animal seized pursuant to a warrant or court order;
(9)
Any animal violating any provision of V.T.C.A., Health and Safety Code ch. 821, as it currently exists or may be amended;
(10)
Any animal violating any provision of V.T.C.A., Health and Safety Code ch. 822, as it currently exists or may be amended;
(11)
Any animal violating any provision of V.T.C.A., Health and Safety Code ch. 826, as it currently exists or may be amended;
(12)
Any animal violating any provision of V.T.C.A., Health and Safety Code ch. 828, as it currently exists or may be amended;
(13)
Any animal violating any provision of V.T.C.A., Administrative Code ch. 169, as it currently exists or may be amended; and/or
(14)
Any animal violating any provisions of this chapter.
(b)
If any animals named in this chapter are found upon the premises of any resident located within Frisco's City limits, the city resident shall have the right to confine such animal in a humane manner until he/she can notify animal services to retrieve the animal for impoundment. When so notified, it shall be the duty of animal services to impound such animal as herein provided.
(c)
Reasonable effort shall be made by animal services to contract the animal owner of any animal impounded that is wearing an identification tag of any type; however, final responsibility for location of an impounded animal is that of the animal owner.
(d)
The owner can resume possession of any impounded animal upon payment of impoundment fees, handling fees, and any veterinarian bills incurred by animal services and the city's authorized agents for the welfare of the animal, and upon compliance with vaccination, and registration provisions of this chapter.
(e)
Disposition of animals impounded as a result of cruel or inhumane treatment will be determined by the court of competent jurisdiction.
(f)
If any animal is being held in quarantine or observation for rabies, the owner shall not be entitled to possession until it has been released from the quarantine observation period by animal services and has satisfied payment of any impoundment fees, handling fees, any veterinarian bills, or any other fees incurred while in the custody of animal services or the city's authorized agents.
(g)
The city council or city manager shall select and establish a place for impounding animals. The animal shelter will establish criteria and procedures for adoption and final disposition of animals in accordance with the State of Texas Health and Safety Codes in relation to animal handling and care. The City of Frisco will adhere to the animal shelter criteria as part of this chapter.
(h)
Any animal not reclaimed by the owner may be humanely euthanized or adopted after being impounded for three days, unless under quarantine, by animal services or its city-authorized agents. Any animal wearing a current rabies tag shall be impounded for not less than six days, unless under quarantine. Unclaimed animals wearing an identification tag that are in the custody of animal services or any of its authorized agents may be humanely euthanized or adopted after being impounded for six days.
(i)
Any seized or impounded, dangerous animal, or wild animal, unless there is reason to believe such animal has an owner, may have its disposition immediately determined as deemed appropriate by animal services, or Frisco's authorized agents.
(j)
Any nursing baby animal impounded without it's mother, or where the mother cannot or refuses to provide nutritious milk, may be immediately euthanized to prevent further suffering.
(k)
An animal owner, who no longer wishes responsibility for an animal or believes the animal to be in an ill or injured condition, may sign a written waiver supplied by animal services or its agents, that surrenders the animal to animal services or its authorized agents. The written waiver surrenders the animal to animal services or its authorized agents to be impounded for adoption or to be immediately euthanized in a humane manner. No warm-blooded animal that has bitten or scratched a human being shall be euthanized before the expiration of the quarantine observation period, unless said animal's owner requests the animal be euthanized for rabies testing.
(l)
Any impounded animal that appears to be suffering from extreme injury or illness may be humanely euthanized as soon as practical or given to a nonprofit humane organization for the purposes of veterinary care or as determined by animal services.
(Ordinance 08-01-06, sec. 13, adopted 1/15/08; Ordinance 2020-01-03 adopted 1/21/20)
Impoundment fees for animals impounded shall be published and determined by the City of Frisco's authorized animal shelter agent(s) for all animals:
(1)
Class A: All domestic dogs and domestic cats, unsterilized (unspayed or unneutered) or sterilized (spayed or neutered).
(2)
Class B: Small livestock shall include goats, sheep, lambs, swine, and animals of the same approximate size and weight. Fees shall be set based on actual costs, damages and the factors set forth in V.T.C.A., Agricultural Code ch. 142, as it exists or may be amended.
(3)
Class C: Large livestock shall include cattle, horses, ponies, mules, and animals of the same approximate size and weight. Fees shall be set based on actual costs, damages and the factors set forth in V.T.C.A., Agricultural Code ch. 142, as it exists or may be amended.
(4)
Class D: Animals not listed herein above shall be impounded and/or disposed of at the discretion of animal services or the city's authorized agents.
(5)
Handling fee: A daily handling fee shall be charged for every day, or fraction thereof, that an animal is at the animal shelter. Said fee shall be based upon the class of animal enumerated as deemed by the City of Frisco's authorized agent(s), and class D animals shall be charged as deemed by the City of Frisco's authorized animal shelter agent(s). This is in addition to the impoundment fee as set forth by the City of Frisco's authorized animal shelter agent(s). Class B and class C animals that are impounded by Collin County or Denton County shall be in accordance with the Texas Estray Act, as it currently exists or may be amended.
(6)
The owner of any class A, class B, or class C animal held in quarantine for observation purposes or any other purposes shall be charged for each day or fraction of a day an animal is at the animal shelter at the rates set forth and published by the City of Frisco's authorized animal shelter agent(s). This is in addition to impoundment fees and daily handling fees or any other costs incurred by the City of Frisco's authorized animal shelter agent(s).
(7)
The owner of a class D animal shall be charged for each day or fraction of a day the animal is held in quarantine for observation purposes or any other purposes at the animal shelter or at the rates set forth and published by the City of Frisco's authorized animal shelter agent(s). This is in addition to impoundment fees and daily handling fees or any other costs incurred by the City of Frisco's authorized animal shelter agent(s).
(8)
Impound administrative fee: Animals that are impounded by the city at the Collin County Animal Shelter shall be charged an administrative fee that is set and collected by the Collin County Animal Shelter.
Exemption: A pet that is impounded, and it is determined that the pet is registered pursuant to section 14-7, shall be exempt from any impound administrative fees. |
(Ordinance 08-01-06, sec. 14, adopted 1/15/08; Ordinance 11-09-35, sec. 3, adopted 9/6/11; Ordinance 15-10-76, sec. 2, adopted 10/6/15; Ordinance 2020-01-03 adopted 1/21/20)
(a)
From and after the effective date of this chapter, it shall be unlawful for any person, firm or corporation to keep or harbor more than six domestic dogs, or six domestic cats, or three domestic ferrets, or any combination of six thereof, providing the number of domestic ferrets does not exceed three of that species, (i.e., five domestic dogs and one domestic cat; one domestic dog and five domestic cats; three domestic dogs, two domestic cats and one domestic ferret) over the age of six months on any one residential dwelling property located within the Frisco City limits.
(b)
Kennels are only permitted in districts that meet the requirements of the City of Frisco Comprehensive Zoning Ordinance, as it currently exists or may be amended.
(Ordinance 08-01-06, sec. 15, adopted 1/15/08; Ordinance 2020-01-03 adopted 1/21/20)
(a)
Swine:
It shall be unlawful for any person, firm or corporation to keep any swine, including potbellied pigs, within the Frisco City limits, unless certified for medical, biological, or other scientific research or study.
(b)
Cattle and equine:
It shall be unlawful for any person to keep a cow, steer, bull or horse, donkey, or mule (at times, collectively referred to as "cow or horse") on any premises where the overall area is less than one acre for each cow or horse kept, or is less than one acre for two foals or two calves up to nine months of age. The number of foals or calves permitted on one acre shall not exceed two foals or two calves under nine months of age. Any one adult cow or horse and its young up to nine months of age are permitted on one acre.
Agriculture properties are exempt, so long as the person(s) do not keep more than can be cared for under sanitary conditions and/or create a nuisance. The person(s) in lawful possession of the premises as owner, occupant or tenant may keep thereon cattle, horses, calves, or foals belonging to others, but limitation to number of cattle, horses, foals, or calves on the premises and the area and distance requirements of this section shall not be done as a commercial business in violation of the City of Frisco Comprehensive Zoning Ordinance No. 00-11-01, as it currently exists or may be amended.
(c)
Holding areas for small livestock and/or large livestock:
Small livestock and large livestock must be kept within an enclosure, pen, corral or restrictive area to prevent exit by the animal(s). The fence posts must not sway more than six inches when tested by an animal services officer. Gates for small livestock enclosures shall be mounted on hinges to a solid wall or fence posts. Such a gate must connect with another fence post or wall in such a manner that small livestock cannot pass through it, and the gate itself must be constructed so that there is not an opening that will allow the animal(s) to escape the enclosed area. Such gates must have a latch or chain attached capable of keeping the gate closed when tested by an animal services officer.
(d)
Proximity of livestock areas:
It shall be unlawful for any owner to keep on premises within the Frisco City limits under his/her control, any small livestock or large livestock in such a manner that the livestock will be quartered closer than 100 feet from any human living quarters measured in a straight line from any direction, whether occupied or unoccupied. Notwithstanding, if the human living quarters are the living quarters of the owner or keeper, then the small livestock or large livestock must not be quartered closer than 20 feet thereto, measured in a straight line from any direction.
(e)
Confinement of male horses:
Male equines, including, but not limited to, horses, capable of breeding, will be confined in such a manner that said animal will not be dangerous to human beings, and all breeding shall be under the control of the owner or handler.
(Ordinance 08-01-06, sec. 16, adopted 1/15/08; Ordinance 2020-01-03 adopted 1/21/20)
(a)
It shall be unlawful for any owner or custodian of gallinaceous fowl to keep or harbor more than 12 gallinaceous fowl in one enclosure, none of which may be male.
(b)
"One enclosure" as that term is used herein shall be held to mean any and all connected buildings, whether under one roof or otherwise, and buildings and sheds which may have entrances to the same or adjoining lot or lots with a gateway or other opening between them.
(Ordinance 08-01-06, sec. 17, adopted 1/15/08; Ordinance 15-10-76, sec. 2, adopted 10/6/15)
(a)
The owner, custodian or person in possession of animals shall keep pens, enclosures, yards, cages, structures, or other similar enclosures in which any animals are kept, clean and sanitary and shall not create any:
(1)
Offensive odors or visual nuisances (unsightly) within the vicinity that creates a public nuisance;
(2)
Favorable conditions that breed or attract flies, mosquitoes or other noxious insects;
(3)
Favorable conditions for any zoonotic diseases or any other diseases; or
(4)
Unsanitary condition that endangers public or animal health or safety.
(b)
All persons keeping such animals shall comply with the following regulations:
(1)
Manure and droppings shall be removed from pens, stables, yards, cages and other enclosures as necessary to maintain sanitary conditions and handled or properly disposed of in such manner as to keep the premises free of any public nuisances. Discarding waste on any public or private property shall be considered a violation of this section.
(2)
Mound storage of manure or droppings between such removals shall be permitted only under such conditions as to protect against the breeding of flies and to prevent the migration of fly larvae (maggots) into the surrounding soil.
(3)
The feeding of vegetables, meat scraps or garbage shall be done only in impervious containers or on an impervious platform.
(4)
Watering troughs, tanks or other watering containers provided for animals shall be equipped with adequate facilities for draining water overflow to prevent the breeding of flies, mosquitoes, or other insects.
(5)
No putrescible material shall be allowed to accumulate on the premises, and all such putrescible material that is used to feed which is unconsumed shall be removed and properly disposed of by burial or other sanitary means.
(Ordinance 08-01-06, sec. 18, adopted 1/15/08)
The following are established as guidelines for pet animal and animal care and not intended to contravene with the provisions for animal cruelty as contained in V.T.C.A., Penal Code secs. 42.09 and 42.10, as they currently exist or may be amended.
(1)
Every owner/custodian or other person having care and control of any animal shall provide the following for each animal under his/her care and control:
a.
Sufficient nutritious and wholesome food served to the animal in clean containers to maintain the animal in good health;
b.
Clean and wholesome water served to the animal in a clean container and such water to be available to the animal at all times;
c.
Adequate shelter, which shall allow the pet animal to remain dry and protected from the elements at all times, allow room for the pet animal to stand, move around and lay down apart from its excrement and which shall provide either natural or artificial shade for the pet animal to avoid direct sunlight. If the shelter is provided by enclosure, the enclosure shall allow for adequate ventilation;
d.
Veterinary care as needed to prevent suffering;
e.
Any animal which is not provided the basic level of care and protection as outlined in this section may be immediately removed and impounded. Any animal left without basic care due to injury, illness, incarceration or other involuntary absence of the person responsible for the care of such animal may be immediately removed and impounded. The animal shall remain in the custody of animal services until the conditions are improved and an animal services officer has determined that such animal can be safely returned to the owner or agent. The owner or agent reclaiming such animal will be responsible for paying all applicable fees and citations. If the conditions have not improved within 30 days, final disposition of the animal shall be determined by animal services.
(2)
No person shall torture, beat, cruelly ill-treat, overload, overwork or otherwise abuse an animal; or cause, instigate, or permit any dogfight, cockfight, bullfight, or other combat between animals or between animals and human beings.
(3)
No owner of an animal shall abandon such animal.
(4)
Any person who, as the operator of a motor vehicle or any other means of transportation, strikes any domestic animal or livestock shall stop at once and render such assistance and shall immediately report such injury or death to the animal's owner. In the event the animal's owner cannot be ascertained and/or located, such operator shall at once report the accident to animal services or the appropriate law enforcement agency.
(5)
No person shall intentionally or knowingly trip a horse or other equine.
(6)
No owner/custodian or person shall leave any animal in a standing or parked vehicle in such a way as to endanger the animal's health, safety or welfare, including but not limited to, dangerous temperature, lack of food, water or attention, or confinement with a dangerous animal. Any animal services officer, peace officer, fire personnel or other city-authorized person is authorized to use reasonable force to remove an animal, including but not limited to, the breaking of a vehicle window, whenever it appears the animal's health, safety or welfare is, or soon will be, endangered and said animal may be impounded.
(7)
Tethering animals.
A person commits an offense if he/she tethers an animal to a stationary object for any length of time.
a.
It shall be an affirmative defense to prosecution under subsection a. if the animal is tethered on the owner/custodian's property or as part of a lawful city-sponsored event, veterinary treatment, grooming, training, law enforcement activity, or when needed to protect the safety or welfare of a person or animal, provided that all of the following conditions are met:
i.
The animal's owner/custodian maintains continuous, direct physical control of the animal throughout the period of restraint;
ii.
The tether is attached to a properly fitting collar or harness and is not wrapped around the animal's neck. Choke or prong-type collars shall not be used;
iii.
The tether is designed and placed in a manner to prevent entanglement or injury; and
iv.
The tether does not allow the animal to move outside the owner/custodian's property or to come within ten (10) feet of public property if tethered outside of a fenced area.
b.
It shall be an affirmative defense to prosecution under subsection a. if the tether includes a "skyline"-type aerial trolley consisting of a line that is strung between two (2) fixed points that are at least twenty (20) feet apart with a down line that is at least five (5) feet in length provided that the conditions of subsections a.i through a.iv are met and the animal is enclosed behind a fence of adequate size and strength capable of preventing the general public, including children, or other animals from entering the area.
(Ordinance 08-01-06, sec. 19, adopted 1/15/08; Ordinance 15-10-76, sec. 2, adopted 10/6/15; Ordinance 2020-01-03 adopted 1/21/20)
(a)
Only humane live animal traps may be used for capturing animals roaming unrestrained in the City of Frisco. The use of steel jaw traps to apprehend animals is illegal. As an exception to this section, government agencies and entities shall be permitted to use such traps and equipment as necessary and permitted by state law or regulation, as they currently exist or may be amended.
(b)
No person shall remove, alter, damage or otherwise tamper with a trap or equipment set out by animal services or the city's agent(s).
(c)
Animal services traps placed at a site at the request of a property owner or resident are the responsibility of the property owner or resident. The property owner or resident shall check all such traps at least once each day. The property owner or resident shall contact animal services within 24 hours after the property owner or resident becomes aware that an animal has been captured. The property owner or resident shall be responsible for caring for any captured animal until the animal is removed by animal services. In the event that a trap placed by animal services is damaged or lost, the property owner or resident shall reimburse the city for the cost of the trap and shall pay any other costs incurred as a result of the damaged or lost trap.
(Ordinance 08-01-06, sec. 20, adopted 1/15/08; Ordinance 15-10-76, sec. 2, adopted 10/6/15; Ordinance 2020-01-03 adopted 1/21/20)
(a)
Enforcement of this chapter shall be the responsibility of animal services and/or other authorized city personnel and/or its authorized agents.
(b)
Animal services officers, peace officers, code enforcement officers, health inspectors, the local rabies control authority (LRCA), the local health authority (LHA), and/or other authorized city personnel or the city's authorized agents shall have the authority to issue citations for any violation of this chapter or remedy violations by limitations set forth by state or federal law.
(c)
If the person being cited is not present, animal services or other city-authorized personnel or the city's authorized agents may send a citation to the alleged offender. Such notice may be given in any one of the following ways:
(1)
Sent via registered or certified mail addressed to the owner at the owner's address; or
(2)
By hand delivery to the owner at the owner's address. If the City of Frisco or its authorized agents mails a citation to the owner and the United States Postal Service returns the notice as "refused", "unclaimed", or if the address that was used for sending the citation is returned as "not deliverable as addressed" (or an equivalent marking), the validity of the citation mailed to the owner is not affected, and the citation is considered as delivered.
(d)
Any person who violates a provision of this chapter or fails to perform an act required of him/her by this chapter commits an offense.
(e)
A culpable mental state is not required for the commission of an offense under this chapter, unless the provision defining the conduct expressly requires a culpable mental state.
(f)
It shall be unlawful for any person to prevent, interfere with, obstruct, or give false information to animal services or any city-authorized person or city-authorized agent who is in the lawful discharge of his/her duties under this chapter or other local, state or federal law.
(g)
Animal services officers, peace officers, the local rabies control authority (LRCA), local health authorities, or other city-authorized personnel and/or city's authorized agents are given the right to trespass onto any private property in the city for the purpose of determining whether or not any provision of this chapter, state statutes or the Texas Penal Code relating to animals have been violated and to impound any animal kept or harbored in violation of any terms of this chapter, state statutes or the Texas Penal Code relating to animals.
(h)
It shall be unlawful for any person being issued a citation for a violation of this section, a violation of state statutes or the Texas Penal Code relating to animals to be filed in municipal court or any civil proceeding to intentionally or knowingly fail to give the animal services officer their true name and address or to intentionally or knowingly fail to appear in accordance with the terms of a citation issued by the animal services officer or other city-authorized person. For the purpose of this section, a person shall be in violation immediately upon his/her failure to provide the requisite identification information upon request for such information by an animal services officer or other city-authorized person.
(i)
In addition to imposing a monetary penalty against a person convicted of an offense under this section a court may do one or more of the following:
(1)
Require the person, at the person's expense, to attend a responsible pet ownership program approved by animal services.
(2)
Order the impoundment of any animal owned by a person, forfeit the person's ownership of the animal and award the animal to the City of Frisco.
(3)
Suspend the person's right to own an animal in the city for a period of time specified by the court.
(4)
Require the person to have any animal owned by the person spayed or neutered within a time period specified by the court.
(5)
Revoke any permit issued to the person under any section of this chapter.
(6)
Impose any other condition(s) or restriction(s) that would reasonably abate the violation(s) for which the person was convicted.
(7)
Take any and all other action(s) authorized by law.
(j)
It shall be unlawful for any person to claim or disclaim ownership of an animal that he/she knows is false.
(k)
It shall be unlawful for any person to report a violation of this chapter or other local, state or federal law that he/she knows is false.
(l)
It shall be unlawful for any person to knowingly make, convey or cause to be imparted or conveyed false statements in an application submitted under this chapter, or to furnish, present or exhibit any fictitious or false documentation submitted under this chapter.
(Ordinance 08-01-06, sec. 21, adopted 1/15/08; Ordinance 15-10-76, sec. 2, adopted 10/6/15; Ordinance 2020-01-03 adopted 1/21/20)
Any owner, custodian, person, firm, corporation, or business entity violating this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding $2,000.00. Each continuing day's violation under this chapter shall constitute a separate offense. The Texas Penal Code provisions imposed under this chapter shall not preclude Frisco from filing suit to enjoin the violation. Frisco retains all legal rights and remedies available to it pursuant to local, state and federal law.
(Ordinance 08-01-06, sec. 22, adopted 1/15/08)