(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.
(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)