(a)
It
shall be unlawful for a person to treat an animal inhumanely.
(Ordinance 6416 adopted 9/20/21)
(a)
It
is unlawful for the owner or harborer of an animal to fail to prevent
it from running at-large within the city.
(b)
It
is unlawful for the owner or harborer of any animal to fail to provide
any animal with an enclosure or system of restraint secure enough
to prevent the animal from running at-large. Use of an electric fence,
an electronic collar or other similar device as a system of restraint
is not sufficient to satisfy the requirements of this section, except
that an underground, invisible and fully operational electric fence
may be used as a system of restraint for tracts of land five acres
or larger that are enclosed by a fence of that type.
(c)
Evidence
that an animal is at-large establishes a presumption that its owner
or harborer knowingly failed to prevent any animal from being at-large.
(d)
Evidence
that an animal is at-large establishes a presumption that its owner
or harborer knowingly failed to provide it with an enclosure or system
of restraint secure enough to prevent it from being at-large.
(Ordinance 6416 adopted 9/20/21)
A person commits an offense if the person confines an at-large
animal, other than one already owned by the person, on their property
without notifying animal services of the confinement within twenty-four
(24) hours of the confinement.
(Ordinance 6416 adopted 9/20/21)
(a)
General prohibition on tethering.
It is unlawful for
a person to restrain a dog with a chain or tether unless the person
is holding the chain or tether.
(b)
(d)
Restraint specifications.
The affirmative defenses provided in subsection (b) and exceptions in subsection (c) do not apply unless the restraint meets the following specifications:
(1)
The chain, leash, cord, or tether is not placed directly around the
dog's neck and is attached to a properly fitting collar or harness
worn by the dog;
(2)
The chain, leash, cord, or tether does not exceed more than one-tenth
of the dog's body weight;
(3)
The chain, leash, cord, or tether, by design and placement, is unlikely
to become entangled; and
(4)
The dog is restrained in a manner that permits access to necessary
shelter and water.
(5)
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 is allowed
as long the animal is enclosed behind a fence of adequate size and
strength capable of preventing the general public, including children,
and other animals from entering the area and all other requirements
of this section are met.
(e)
Violation.
A person commits an offense if he violates
this section. The person's conduct with respect to each dog constitutes
a separate offense.
(f)
Hand-held leashes.
This section does not prohibit a
person from walking a dog with a hand-held leash.
(g)
Dogs running at-large strictly prohibited.
Nothing in
this section authorizes an owner to allow a dog to run at-large or
to fail to provide appropriate restraint or enclosure as required
by this chapter.
(Ordinance 6416 adopted 9/20/21)
It is unlawful for any person to abandon any animal in the city.
(Ordinance 6416 adopted 9/20/21)
(a)
Animals in vehicles.
It shall be unlawful to leave an
animal in a standing or parked vehicle without providing the animal
with adequate air and protection from heat or cold. An animal left
under such conditions may be impounded.
(b)
Tethered animals.
It shall be unlawful for an owner
or harborer to allow an animal to be tethered to a stationary object
or in a location so as to create an unhealthy situation for the animal
or a potentially dangerous situation for a pedestrian as determined
by the animal services supervisor. The term "unhealthy situation"
shall include, but not be limited to, the following:
(1)
To tether any animal in such a manner as to cause the animal injury;
(2)
To tether any animal in such a manner as to not permit the animal
access to shelter, food, or water. It shall be an affirmative defense
to this subsection that the owner or harborer was in the same location
as the dog or other animal while the animal was tethered;
(3)
To tether any animal in such a manner as to permit the animal to
leave the premises owned, leased, or occupied by the animal's owner
or harborer or to permit the animal access on any public right-of-way;
(4)
To tether any animal in such a manner as to permit the animal to
leave the owner or harborer's property;
(5)
To allow any tethered animal to become entangled; or
(6)
To use choke, pinch, or prong type collars to tether any animal.
(Ordinance 6416 adopted 9/20/21)
(a)
A
person commits an offense if he owns any dog or cat over four (4)
months of age without having such dog or cat currently vaccinated
against rabies.
(b)
A
person who owns a dog commits an offense if he fails to display on
such dog a current rabies vaccination tag furnished by a veterinarian
(c)
A
person who owns a dog or cat commits an offense if he displays on
such dog or cat a rabies vaccination tag issued to another animal.
(d)
Each
animal in violation of this section constitutes a separate offense.
(Ordinance 6416 adopted 9/20/21)
(a)
Noise.
It shall be unlawful for any animal's owner or
harborer to allow the peace and quiet of the neighboring properties
or of persons of normal sensibilities within the vicinity of the animal
to be disturbed by the animal's barking, howling, crowing, or other
noise of any kind.
(b)
Odor.
It shall be unlawful for any animal's owner or
harborer to allow the peaceable use and enjoyment of the neighboring
properties or of persons of normal sensibilities within the vicinity
of the animal to be disturbed by the smell of the animal, its food,
its waste, or its enclosure.
(c)
Other nuisances.
It shall be unlawful for any animal's
owner or harborer to keep or maintain yards, pens, coops, or other
enclosures in which animals are confined in such a manner as to breed
or attract flies, mosquitoes, or other noxious insects or rodents,
or in any manner to endanger the public health, safety, or welfare,
or to create a public nuisance.
(d)
Banishment.
In any case where one or more animals have
been the cause of a substantial number of bona fide nuisance complaints
under this chapter from multiple sources, the animal services supervisor
may petition the municipal court to order the removal of the animal(s)
from the city limits. A substantial number of nuisance complaints
means three or more complaints within the past twelve (12) months.
Multiple sources means that there are two or more reporting parties
that do not reside at the same address. A complaint is bona fide if
made in good faith and is not unfounded, as determined by the animal
services supervisor. If the court orders the animal removed, it must
be microchipped (dogs and cats only), registered with animal services
and removed to a permanent location that is greater than 5,000 feet
outside the city limits. If an animal that was ordered removed is
found within the boundary of 5,000 feet outside the city limits, the
city may obtain a seizure warrant from the municipal court, which
warrant shall order the humane disposition of such animal in accordance
with this chapter.
(Ordinance 6416 adopted 9/20/21)
(a)
It
is unlawful for any person to maintain any pen, enclosure, yard, or
area for any animal in an unsanitary manner.
(b)
It
is unlawful for an owner or harborer to allow their dog's feces to
remain in any public place or another person's private property. (This
provision may be referred to as the "Pooper Scooper Law.")
(c)
It is an affirmative defense to prosecution under subsection (c) that the site contained only animal feces from a herbivore and was a residential compost mound or was zoned for agricultural uses, not within five hundred (500) feet of residentially zoned property, and not in violation of subsection (a) above. Such compost mounds shall only be utilized if measures are taken to protect against breeding of flies and to prevent migration of fly larvae (maggots) into the surrounding soil.
(Ordinance 6416 adopted 9/20/21)
(a)
A
person shall not breed dogs or cats unless the person has a permit.
(b)
Permits
shall be valid for one (1) year, unless revoked.
(c)
To
obtain a breeder's permit, a person must make application with the
animal services supervisor, and the following requirements must be
met for a breeder's permit to be issued:
(1)
Name and address of applicant and address of proposed location for
breeding the dogs or cats (if different from applicant's address);
(2)
Approval by the animal services supervisor for the maximum number
of dogs or cats that will be kept at the location;
(3)
The plans or designs showing both the enclosed indoor cages or pens,
which shall be a minimum number of square feet for each animal over
weaning age, said amount of square feet to be determined by the animal
services supervisor, depending upon the breed of the dog or cat, and
a drawing showing the proposed design and the enclosed outdoor area
for the dogs or cats, which shall be at least one hundred (100) square
feet per animal over the normal weaning age;
(4)
An inspection report by city personnel approving the enclosed indoor
facilities where the dogs or cats will be kept and affirming that
the facilities match the submitted plans, or if the facilities have
not been built yet, a statement of review by city personnel that the
proposed facilities are acceptable under this chapter;
(5)
The property to be used for breeding dogs or cats must be properly
zoned for such use under the city's zoning ordinance; and
(6)
An annual fee of fifty dollars ($50.00).
(d)
A
breeder's permit may be revoked by the animal services supervisor
at any time if any of the following occurs:
(1)
If the dogs or cats bark, howl, or create noises that disturb the
neighbors;
(2)
If the indoor or outdoor areas for the dogs or cats are not maintained
in a sanitary condition;
(3)
If any person is bitten or scratched by any of the dogs or cats on
the premises;
(4)
If any of the dogs or cats are found to be a dangerous animal; or
(5)
If any provisions of this chapter are violated by the person holding
the breeder's permit.
(e)
The
decision of the animal services supervisor in regard to the issuance
of a permit or the revocation of a permit is final unless the applicant/permittee
files a written appeal with the office of the chief of police within
ten (10) working days after the date on the communication notifying
the applicant/permittee of the animal services supervisor's action.
Appeals shall be considered by the chief of police. If the chief of
police concurs with the decision of the animal services supervisor,
the decision is final unless the applicant/permittee files a written
appeal with the city clerk addressed to the city manager within ten
(10) working days from the date on the communication notifying the
applicant/permittee of the decision. The city manager's decision on
the appeal is final.
(Ordinance 6416 adopted 9/20/21)
(a)
It
is unlawful to harbor, keep, or maintain more than ten (10) dogs,
cats, or a combination thereof on any premises utilized for residential
purposes.
(b)
It is an affirmative defense to a violation of subsection (a) if the dogs or cats are four months of age or younger and are part of a litter that is in the process of being weened.
(c)
It is an affirmative defense to subsection (a) if the owner of the animals obtains an annual permit from the city. To be entitled to a permit, the owner must submit an application for the over ten permit, pay the fee as set by city manager, and pass an inspection of the premises by animal services.
(1)
The inspection of the premises is to ensure compliance with this
chapter, including but not limited to requirements regarding the provision
of food, care, and shelter and preventing nuisances.
(2)
The inspection may be waived if, within the preceding twelve (12)
months, there have been no bona fide complaints regarding violations
of this chapter. A complaint is bona fide if made in good faith and
is not unfounded, as determined by the animal services supervisor.
This section does not obligate animal services to waive the inspection
if the city determines, in its r discretion, that an inspection is
warranted.
(3)
The permit fee may be waived if the owner is fostering animals for
the city, and is not otherwise in violation of this chapter. The animal
services supervisor may waive the permit fee as a part of promotion
for adoption or to encourage compliance with this chapter.
(Ordinance 6416 adopted 9/20/21)
(a)
It
is unlawful to maintain and keep any hog, sow, or pig in the city.
(b)
It is an affirmative defense to subsection (a) that the animal is a potbellied pig, which meets the following requirements:
(1)
That there are no more than two (2) adult potbellied pigs in any
one (1) household within the city;
(2)
It is indoors at all times other than times for evacuation of waste
material or during exercise periods;
(3)
It is not in violation of any applicable provision of this chapter;
(4)
It receives annual vaccinations for erysipelas.
(c)
Keeping bees.
A person who keeps bees shall:
(1)
Maintain each colony in a healthy state;
(2)
Maintain the grounds near each hive in a sanitary manner;
(3)
Ensure that a convenient source of water is available to each colony
at all times;
(4)
Mark each hive with the name and telephone number of the beekeeper;
and
(5)
The animal services supervisor shall have the authority to require
a person to reduce the number of hives or require other reasonable
safety precautions in an apiary in order to abate any nuisance.
(Ordinance 6416 adopted 9/20/21)
(a)
It is unlawful for any person to keep any mule, donkey, horse, mare, colt, bull, cow, calf, sheep, goat, cattle, or livestock (does not include requirement for pygmy goats, miniature horses, or miniature donkeys, which are in subsection (b) below):
(b)
It
is unlawful for any person to keep a pigmy goat or miniature horse
or miniature donkey:
(1)
Closer than fifty (50) feet from any building located on adjoining
property that is used for human habitation;
(2)
Without overhead shelter containing at least seventy-five (75) square
feet per animal; or
(3)
On a parcel of land that does not contain at least one thousand eight
hundred (1,800) square feet per animal, provided; the animal services
supervisor shall have the authority to adjust the square footage requirement
if the animals can be maintained without creating a nuisance.
(Ordinance 6416 adopted 9/20/21)
(a)
A
person commits an offense if he keeps or maintains:
(b)
A
person commits an offense if he houses or keeps chickens in a structure
or enclosure at a distance within twenty-five (25) feet from any building
or structure used or intended for human occupancy or human habitation
located on another's property.
(c)
A
person commits an offense if he keeps or maintains chickens in an
enclosure that is not:
(1)
Designed, erected, and maintained in accordance with applicable building
and zoning requirements of city code;
(2)
A three (3) or more sided structure with a minimum of one (1) square
foot of roosting area per chicken with a roof or cover to allow the
chickens to remain dry and protected from the elements and has direct
access from the roosting area to an outdoor enclosure that is a minimum
of ten (10) square feet of ground area per chicken;
(3)
Constructed and maintained to reasonably prevent the collection of
standing water;
(4)
Easily accessed;
(5)
Cleaned of droppings, uneaten feed, feathers, and other waste weekly
or more often as needed to prevent foul odor;
(6)
Predator proof; and
(7)
Thoroughly ventilated.
(d)
A
person commits an offense if he keeps or maintains chickens without
fresh water at all times and food in sufficient quantity and with
nutritive value to maintain the health of the animal.
(e)
A
person commits an offense if he slaughters any chicken in public view.
(f)
Affirmative defense.
It is an affirmative defense to
this section if a person keeps or maintains a rooster when it is:
(1)
Being exhibited during a special event approved by the city;
(2)
Owned by and kept on premises of a governmental entity for the purposes
of a research, educational, or similar program conducted by a governmental
entity;
(3)
Owned by and kept on premises of a medical, educational, or research
institution for scientific or educational purposes, operating in compliance
with all city ordinances and state and federal laws.
(Ordinance 6416 adopted 9/20/21)
(a)
It
is unlawful for any person to ride or drive an animal on a public
sidewalk.
(b)
It
is unlawful for any person to ride or drive an animal within any portion
of the street or right-of-way of a heavily traveled street.
(c)
It
is an affirmative defense to prosecution for a violation of this section
that a person is riding or driving an animal in a city-approved parade
or event or is riding or driving an animal in the performance of the
person's official duties as an employee of the city or other law enforcement
agency.
(Ordinance 6416 adopted 9/20/21)
(a)
It
is unlawful for any person to wound, trap, maim, cripple, or inhumanely
kill any animal.
(b)
It
is an affirmative defense to prosecution for a violation of this section
that the animal is a chicken slaughtered not within public view.
(c)
It
is permissible to humanely trap, relocate, or humanely dispose of
nuisance animals provided that doing so is not prohibited by other
law.
(d)
The
animal services supervisor may request a warrant from a court to enter
any property within the city in order to carry out programs for the
preservation of the health, safety, and general welfare of the city's
citizens, and to determine the condition of any animal. The animal
services supervisor may seize and impound any animal if it is:
(1)
Without food or water;
(2)
Abused, neglected, or kept or harbored in extreme weather conditions
without shelter or protection;
(3)
Restrained on a leash, chain, or other restraining line less than
eight (8) feet in length, unless being exercised by a person;
(4)
Enclosed in an area less than twenty (20) square feet except when
the animal is being restrained by the city, a licensed veterinarian,
or a bona fide humane organization; or
(5)
Abandoned.
(e)
It is unlawful for any person to permit any of the conditions in subsection (d) to exist on property under their control.
(f)
Animal
services shall have the power to seize an animal with a warrant or
court order if there is probable cause to believe one of the following
conditions exist.
(1)
The animal is found at-large and/or has been abandoned.
(2)
The animal is exhibiting symptoms of rabies, has been exposed to
a rabid animal, or has bitten or scratched a human being.
(3)
The animal is a dog that has caused the death or serious bodily injury
of a person or otherwise meets the definition of a dangerous dog as
defined in this chapter.
(4)
The animal is being treated cruelly in violation of this chapter
or state law.
(5)
Animal services is authorized to seize the animal based on, or pursuant
to, this chapter or other state law.
(g)
Animal
services shall have the power to seize an animal without a warrant
or court order if there is probable cause to believe one of the conditions
listed in subsection (f)(1)–(5) exist and under the following
conditions:
(1)
On public property, in all cases;
(2)
On private property if:
(A)
The consent of the resident or property owner is obtained;
(B)
Animal services is in pursuit of an animal that is at-large, or
(C)
An animal services officer reasonably believes there is imminent
danger of serious bodily injury or death to the public, other animals,
or the animal in question and there is insufficient time to obtain
a warrant.
(3)
Upon the request of a peace officer if the owner of the animal is
not available and there is no one 18 years of age or older to accept
responsibility for the animal.
(h)
Animal
services officers are authorized to use necessary force to make lawful
seizures of animals pursuant to this chapter.
(i)
Any animal that has been seized pursuant to subsection (f)(2) must be impounded and quarantined, and disposition of the animal shall only be permitted, as required by chapter 826 of the Texas Health and Safety Code and title 25 of the Texas Administrative Code chapter 169, subchapter A. Animal services shall notify the owner in writing when the animal may be released from quarantine and when the animal must be redeemed to avoid transfer of ownership to the city for adoption or other humane disposition.
(j)
Seizure,
impoundment, and disposition of an animal that is being treated cruelly
shall be determined in accordance with chapter 821 of the Texas Health
and Safety Code.
(Ordinance 6416 adopted 9/20/21)
It shall be unlawful for any person to maintain any property
for the purpose of slaughtering any animal, except those establishments
that have been duly licensed to slaughter animals under the laws of
the state and applicable city ordinances.
(Ordinance 6416 adopted 9/20/21)
(a)
Any
dog or cat may be impounded by the animal services supervisor in any
of the following circumstances:
(1)
Any dog or cat running at-large in the city;
(2)
Any dog not having affixed to and wearing on a collar or harness
a valid tag furnished by a veterinarian showing that said dog is currently
vaccinated against rabies;
(3)
A dog or cat that is suspected of having inflicted bodily injury
on any human being or animal, or poses a threat to public safety;
or
(4)
A dog or cat that has rabies or symptoms thereof, or that a person
could suspect as having rabies, or that bites, scratches, or otherwise
creates a condition which may have exposed or transmitted the rabies
virus to any human being or animal.
(b)
Disposition of impounded dogs and cats.
(1)
If any dog or cat impounded under this section is not called for
by the owner within seventy-two (72) hours after notification of the
impoundment or within seventy-two (72) hours of impoundment where
the owner cannot be reasonably ascertained, the dog or cat shall become
the property of the animal shelter and may be placed for adoption,
transferred, or euthanized, using the Asilomar Accords Guiding Principles
and Definitions.
(2)
The animal shelter shall be considered the designated caretaker of
a stray, impounded, or surrendered animal immediately upon intake
at the animal shelter. After a holding period of at least seventy-two
(72) hours or three (3) working days from the time of intake, impound,
or surrender, the city shall become the full owner of the animal in
question. After the expiration of the holding period, animals that
are not claimed and redeemed by the owner or custodian may be put
up for adoption, placed with a animal rescue organization or approved
person, or humanely destroyed.
(3)
If any dog or cat that is impounded by animal services, or brought
to the animal shelter by a person other than the owner of that animal,
and is wearing traceable identification, is readily observable as
being sterilized or declawed in the best judgment of the animal services
supervisor or supervisor's designee, or where an owner is known, such
animal shall be held at the animal shelter for a minimum of five (5)
working days from the time the animal enters the animal shelter. Animal
services shall notify the owner, when known, of the impoundment. Unless
the owner has notified animal services in writing of their intentions
to claim the animal after that date, listing a date by which time
that owner will reclaim the dog/cat and satisfy all applicable fees
and this arrangement has been approved by the animal services supervisor,
the animal shall become the property of the animal shelter and may
be placed for adoption, transferred, or euthanized after the fifth
(5th) working day, using the Asilomar Accords Guiding Principles and
Definitions.
(4)
The owner of any impounded dog or cat shall be permitted to repossess
such dog or cat prior to disposition by the city upon the payment
to the animal services department of the appropriate fees.
(5)
This subsection does not apply to any dog or cat placed in quarantine
that is the subject of a dangerous animal complaint.
(Ordinance 6416 adopted 9/20/21)
The animal services supervisor shall be authorized to place
for adoption dogs or cats impounded by the city under the following
conditions:
(1)
Health and age assessment.
The animal services supervisor
shall determine whether a dog or cat is healthy enough for adoption
and its health and age adequate for vaccination. However, such decision
by the animal services supervisor shall not constitute a warranty
of the health or age of the animal.
(2)
Adoption fee.
There will be an adoption fee for all
dogs and cats at an amount set by the city manager
(3)
Requirements
for adoption of dog or cat age four (4) months or older: [sic]
(4)
Requirements
for adoption of a dog or cat under four (4) months of age:
(A)
Registration fee.
Within one (1) week after a dog or
cat, which was under four (4) months old when adopted, is vaccinated
against rabies, the adopting person shall furnish to the animal services
supervisor the original adoption receipt and proof of vaccination.
(Ordinance 6416 adopted 9/20/21)
The city manager will determine the amount of all fees not otherwise
set in this chapter.
(Ordinance 6416 adopted 9/20/21)
The city does not in any way warrant or guarantee the title
or ownership of any animal sold or adopted from the animal shelter,
and if a lawsuit is filed by the prior owner or harborer or anyone
claiming an interest in the animal, the purchaser or adopter of the
animal agrees to defend and indemnify the city and accept the full
responsibility in regard to the suit. The city does not warrant or
guarantee the age, health or physical condition of any animal that
it may sell or offer for adoption. The animal services supervisor
and other city employees and volunteers have no authority to make
any warranties or guarantees regarding the title, ownership, age,
health or physical condition of any such animal or to otherwise bind
the city to the same.
(Ordinance 6416 adopted 9/20/21)
(a)
It
is unlawful for any person to keep or own a dog, cat, ferret, or other
domestic mammal immunized against rabies as provided in this chapter
without a written vaccination certificate provided by the veterinarian
who immunized the animal, giving an accurate description of the animal,
date of immunization, and the name and address of the owner or harborer.
(b)
It
is unlawful for any person to own or keep a dog, cat, ferret without
making the vaccination certificate available for inspection by the
animal services supervisor or any police officer at any time.
(Ordinance 6416 adopted 9/20/21)
(a)
The
animal services supervisor may impound any animal that has rabies
symptoms or any animal that bites, or otherwise attacks any person
within the city and hold it in strict isolation for ten (10) days
for observation in the city animal shelter.
(b)
The
owner or harborer of any animal that has rabies, that has been exposed
to rabies, that has rabies symptoms, or that has bitten, or otherwise
attacked any person within the city, shall, on demand, surrender the
animal to the animal services supervisor.
(c)
The
animal services supervisor may order the owner or harborer of an animal
that has rabies, is suspected of having rabies, or has rabies symptoms
to hold it in strict isolation for ten (10) days for observation in
the city animal shelter, any licensed veterinary hospital of the owner
or harborer's choosing within the city limits, or at the owner or
harborer's home when approved by the animal services supervisor.
(d)
No
person shall release an animal held for observation of rabies to the
owner or harborer until a licensed veterinarian or the animal services
supervisor certifies that the animal has been held for the specific
time and is demonstrating no clinical symptoms of rabies.
(e)
No
person shall dispose of any animal that has died of rabies except
as directed by the animal services supervisor.
(f)
All
examinations by a veterinarian shall be at the owner or harborer's
expense.
(g)
Notwithstanding
any provision in this chapter, if an animal that has not received
a current rabies vaccination attacks a person or animal, and the animal
services supervisor decides the animal must be destroyed in order
to determine whether rabies inoculation of the victim should begin,
the animal services supervisor may destroy the animal immediately.
(h)
The
animal services supervisor may dispose of dogs, cats, or other animals
which are not removed from the city animal shelter within twenty-four
(24) hours after the expiration of the ten-day observation period
in the manner permitted by this chapter.
(Ordinance 6416 adopted 9/20/21)
Each veterinarian shall report in writing all clinical or suspected
cases of rabies under their care to the animal services supervisor
within twenty-four (24) hours after the animal is admitted to a hospital
or has been seen by the veterinarian or their staff. The report shall
include the name and address of the owner or harborer, location of
the animal, and the number of and names and addresses of any persons
bitten.
(Ordinance 6416 adopted 9/20/21)
If an animal is infected with rabies or suspected of being infected
with rabies or has been bitten by an animal known or suspected of
being infected with rabies, the owner or harborer of the animal or
any person having knowledge of it shall immediately notify the animal
services supervisor.
(Ordinance 6416 adopted 9/20/21)
The animal services supervisor shall notify in writing the owner
or harborer of any animal known or suspected of being infected with
rabies to have the animal examined by a licensed veterinarian within
twenty-four (24) hours and confine the animal until the ten-day observation
period of the suspected rabid animal is over and there is a definite
diagnosis shown.
(Ordinance 6416 adopted 9/20/21)
(a)
It
shall be unlawful for any person to display or sell, trade, barter,
lease, or rent any animal on any roadside, public right-of-way, commercial
parking lot, garage sale, flea market, festival, park, community center,
or outdoor public place that is generally accessible by the public,
regardless of whether such access was authorized.
(b)
It shall be unlawful for any manager, operator, or property owner to allow the conduct described in subsection (a).
(c)
This
section shall not apply to the city or any animal rescue organization
that has an active animal rescue organization license issued by the
animal services supervisor.
(d)
Any
animal being sold, traded, bartered, leased, or rented on any roadside,
public right-of way, commercial parking lot, garage sale, flea market,
festival, park, community center, or outdoor public place shall be
subject to seizure and impoundment at the discretion of the investigating
animal services officer. Upon impoundment, a notice of violation will
be provided to the animal owner. Animals impounded under this section
may be reclaimed by the owner within five (5) days excluding the day
of impoundment and any days the animal care services facility is not
opened. Animals not reclaimed within this period shall thereafter
become the property of the city and be subject to adoption, rescue,
foster or humanely euthanized as determined by animal services. Applicable
impoundment fees for each animal reclaimed shall be paid.
(Ordinance 6416 adopted 9/20/21)
(a)
It
shall be unlawful for any person to operate a pet shop without first
obtaining a license from animal services.
(1)
It is an affirmative defense to prosecution under subsection (a) that the person was operating the pet shop on the day before the effective date of the ordinance that established this section and operation of the unlicensed pet shop has not ceased for any reason for a period of seven (7) days or more.
(b)
It
shall be unlawful for an owner, operator, manager, or employee of
a pet shop or other business establishment to sell, trade, transfer,
barter, give away, maintain, or act as a dealer or agent between a
buyer and seller of any prohibited animal as defined by this chapter.
(c)
It
shall be unlawful for a pet shop owner, operator, manager, or employee
to sell, lease, offer for sale, trade, give away, or otherwise transfer
a cat or dog, unless the cat or dog was obtained from a government-owned
or -operated animal shelter, an animal control agency, or an animal
rescue organization licensed by animal services.
(d)
All
pet shops and business establishments selling animals shall:
(1)
House animals in a sanitary manner;
(2)
Provide appropriate medical services, care, and housing according
to individual species' needs;
(3)
Keep sick, diseased, and injured animals isolated and checked by
a licensed veterinarian on the day of discovery of the need for veterinary
care;
(4)
Provide each animal sufficient space to stand, stretch, and turn
without touching any of the four (4) sides or top of their primary
enclosure. Group housing of compatible animals is allowed if the space
prevents crowding and allows for easy removal of animal waste, and
the unhampered movement and comfort of each animal. Take cats and
dogs out of their primary enclosures at least twice during each 24-hour
period for exercise unless the primary enclosure is of sufficient
size to conduct an exercise regimen needed by the animal for good
health;
(5)
Maintain clean animal enclosures and remove debris and fecal matter
at least once every twenty-four (24) hours. Sanitizing of cat and
dog enclosures shall be done once every day by washing the surfaces
with water and either soap or detergent, or by the use of a pressure
water system or steam cleaner all of which shall be followed by the
application of a safe and effective disinfectant. The exercise and
run areas having pea gravel or other non-permanent surface materials
shall be thoroughly cleaned at least every twenty-four (24) hours
and more frequently if necessary by removal of soiled materials and
application of suitable disinfectants followed by the replacement
of clean surface materials when necessary;
(6)
Check and treat all cats and dogs for internal and external parasites,
unless documentation is provided indicating the animal has had a veterinary
exam within the past thirty (30) days and is free of internal and
external parasites;
(7)
Immunize all cats and dogs offered for sale, trade or other compensation
or for free giveaway (except an animal taken to animal services) against
common disease in accordance with standard veterinary practices; in
the case of dogs, against canine distemper, adeno-virus para influenza,
parvovirus, corona virus, and leptospirosis, and in the case of cats,
against feline rhinotracheitis, and panleukopenia;
(9)
Not offer any kitten or puppy under the age of eight (8) weeks for
sale, trade or other compensation or for free giveaway; and
(10)
Post on the enclosure of each cat or dog offered for sale the name,
address, and contact information of the government-owned or -operated
animal shelter, animal control agency, or animal rescue organization
from which the cat or dog was obtained.
(e)
The
pet shop license holder shall furnish a purchaser of a cat or dog
a written statement at the time of sale which shall include:
(1)
Date of sale;
(2)
Name, address and telephone number of purchaser and license holder;
(3)
License number of license holder;
(4)
Breed, description, approximate age and sex of cat, dog, or other
animal sold (small mammals, parrot-type birds, and fish not included);
(5)
Medication and vaccination and immunization information, including
dates administered;
(6)
Internal parasite medication(s) and date(s) administered;
(7)
A guarantee of good health for a period of not less than two (2)
weeks with recommendation to have the animal examined by a licensed
veterinarian. The license holder shall retain a copy of the written
statement for twelve (12) months from date of sale. All purchasers
of cats, dogs, and ferrets shall also be furnished with information
as to the requirements of ownership of these animals within the city
including requirements for rabies vaccination, litter permits, and
microchipping; and
(8)
In the case of the sale of a cat or dog: the name, address, and contact
information of the government-owned or -operated animal shelter, animal
control agency, or animal rescue organization from which the pet shop
obtained the cat or dog.
(f)
Records
shall be maintained in good auditable condition, and surrendered to
animal services upon request and without reservation or purpose of
evasion. Failure to produce a copy of such records on demand by animal
services shall be cause for the revocation of an existing license
and the refusal to issue a new license for a period of two (2) years.
(Ordinance 6416 adopted 9/20/21)
(a)
No
person shall operate any pet shop as defined in this chapter, without
first obtaining a license from the animal services supervisor, who
shall take into consideration the type of building construction, the
regulatory compliance history of the proposed licensee as it relates
to sanitation, health, welfare of the animals, birds or reptiles housed,
and related zoning requirements. Animal services shall inspect and
evaluate the qualifications of applicants.
(b)
Applications
for an original or renewal pet shop license shall be submitted to
animal services and shall be approved or denied by the animal services
supervisor. Animal services shall investigate the applicant's qualifications
for a license. A conviction for the violation of any provision of
this chapter may constitute cause for denial or revocation of a license.
(c)
Failure
to apply for a license prior to the opening of a pet shop, or within
thirty (30) days after the renewal date, shall constitute an offense.
(d)
Each
pet shop license shall be valid for one (1) year.
(e)
The
decision of the animal services supervisor in regard to the issuance
of a pet shop license or the revocation of a license is final unless
the applicant/licensee files a written appeal with the office of the
chief of police within ten (10) working days after the date on the
communication notifying the applicant/licensee of the animal services
supervisor's action.
Appeals shall be considered by the chief of police. If the chief
of police concurs with the decision of animal services, the decision
is final unless the applicant/licensee files a written appeal with
the city clerk addressed to the city manager within ten (10) working
days from the date on the communication notifying the applicant/permittee
of the decision. The city manager's decision on the appeal is final.
(Ordinance 6416 adopted 9/20/21)
(a)
No
person shall operate an animal rescue organization as defined in this
chapter, without first obtaining a license from the animal services
supervisor, who shall take into consideration the housing conditions,
the history of the animal rescue organization as it relates to sanitation,
health, welfare of the animals, birds or reptiles housed, and related
zoning requirements. Animal services may require an inspection and
evaluation as part of the approval process or upon the receipt of
a complaint after approval. For the purposes of this section, operating
an animal rescue organization includes to house in an enclosure or
exchange ownership of an animal to or from said organization
(b)
Applications
for an original or renewal of an animal rescue organization license
shall be submitted to animal services and shall be approved or denied
by the animal services supervisor. Animal services shall investigate
the applicant's qualifications for a license. A conviction for the
violation of any provision of this chapter may constitute cause for
denial or revocation of a license.
(c)
Failure
to apply for a license or the renewal of a license within thirty (30)
days after the renewal date shall constitute an offense.
(d)
Each
animal rescue organization license shall be valid for two (2) years.
(e)
Organizations
with an approved animal rescue organization license issued by the
animal services supervisor shall be exempt from being required to
have a pet shop license.
(f)
The
decision of the animal services supervisor in regard to the issuance
of an animal rescue organization license or the revocation of a license
is final unless the applicant/licensee files a written appeal with
the office of the chief of police within ten (10) working days after
the date on the communication notifying the applicant/licensee of
the animal services supervisor's action. Appeals shall be considered
by the chief of police. If the chief of police concurs with the decision
of animal services, the decision is final unless the applicant/licensee
files a written appeal with the city clerk addressed to the city manager
within ten (10) working days from the date on the communication notifying
the applicant/permittee of the decision. The city manager's decision
on the appeal is final.
(Ordinance 6416 adopted 9/20/21)
