(a)
Unlawful to harbor prohibited animal.
It shall be unlawful
to harbor any prohibited animal within the city limits and within
the area immediately contiguous and adjacent to the city limits, extending
for a total distance of 5,000 feet.
(b)
Affirmative defenses.
Affirmative defenses to prosecution
under this section are that:
(1)
The owner or harborer of the prohibited animal has a current city
permit to harbor the prohibited animal;
(2)
The owner or harborer is a governmental entity that notified the
animal services supervisor before bringing the prohibited animals
to the city of the number and type of prohibited animals, and the
location where the animals shall be harbored;
(3)
The owner or harborer of the prohibited animal or animals is a licensed
veterinarian and who harbors the animals upon premises zoned and used
for veterinarian offices and/or animal treatment facilities for the
purpose of providing veterinarian's services to them;
(4)
The owner or harborer of the prohibited animal or animals is a circus
or wild animal show which remains within the city no longer than ten
(10) consecutive days; and that before bringing the prohibited animals
into the city, notified the animal services supervisor in writing
of the number and type of prohibited animals, presenting health certificates
for each animal, and providing the location where the animals shall
be harbored, and allowing the animal services supervisor or their
designee unlimited access for determination that sufficient shelter,
food, and water is being provided for every animal.
(5)
The owner or harborer of the prohibited animal or animals keeps them
at a commercial film or television studio where commercial film and/or
television production facilities are located who notified the animal
services supervisor prior to bringing the prohibited animals to the
city, of the number and type of prohibited animals, and the location
where they will be harbored, and the length of time they will be kept
there;
(6)
The owner or harborer of the prohibited animal or animals is a medical
or research facility or zoological park; or
(7)
The animal is a psittacine bird, canary, finch, cockatiel, small
monkey, hamster, ferret, guinea pig, gerbil, rabbit, fish, or small,
non-venomous reptile which is less than six (6) feet long.
(Ordinance 6416 adopted 9/20/21)
(a)
Categories I, III, IV and VI permits.
(1)
The animal services supervisor may issue a permit to harbor a category
I, III, IV and VI prohibited animal only if the following requirements
are met:
(A)
The premises where the applicant will harbor the animal is not zoned
or used for any residential purpose and is at least two hundred fifty
(250) feet from a lot zoned or used for residential purposes measured
in a straight line from lot line to lot line;
(B)
The applicant correctly completes a prohibited animal application
form and pays a two hundred fifty dollars ($250.00) nonrefundable
application fee;
(C)
The applicant has filed all required licenses from the United States
Department of Agriculture, Animal and Plant Health Inspection Service
and all other required licenses from the state or federal government
for the animals and files it with the animal services supervisor;
(D)
The applicant provides to the city a program prepared and signed
by a licensed veterinarian detailing veterinary care for the prohibited
animal;
(E)
The applicant furnishes the city with a hold harmless and indemnity
agreement approved by the city attorney relieving the city of liability
and indemnifying the city and its employees for any damages, costs
of court, and attorney's fees which result from maintaining the prohibited
animal within the city; and
(F)
The applicant furnishes the city a policy of insurance in an amount
not less than two hundred fifty thousand dollars ($250,000.00) for
each injury caused to persons, animals, or property by the prohibited
animal; naming the city as an additional insured, and containing a
provision requiring notice to the city before the insurance can be
terminated.
(2)
The applicant shall file plans with the animal services supervisor
for the construction of the facilities in which the prohibited animal
shall be maintained signed by a licensed veterinarian.
(3)
The animal services supervisor shall give notice to all property
owners within five hundred (500) feet of the lot where the prohibited
animal will be harbored.
(4)
If the animal services supervisor approves the plans, the owner or
harborer shall construct the facilities in which the prohibited animal
is to be maintained in compliance with the plans and have them inspected
and approved by a licensed veterinarian and file a copy of the approval
with the animal services supervisor before bringing the prohibited
animal to the permitted premises.
(5)
If facilities to harbor the prohibited animal are already in existence,
the applicant shall submit a copy of a report from a licensed veterinarian
who has inspected and approved of the facilities.
(6)
If the veterinarian report concludes that the facilities are adequate
to properly restrain the prohibited animal and to provide humane handling,
care, and treatment of the prohibited animal, the animal services
supervisor shall issue the permit.
(7)
The permit is for a one-year period and is limited to one (1) prohibited
animal at one (1) approved site.
(8)
If the insurance policy is canceled or insurance coverage is lost
for any reason, the permit shall automatically terminate and the owner
or harborer shall remove the prohibited animal from the city not later
than seventy-two (72) hours after the loss of insurance unless he
or she secures replacement insurance before the expiration of the
seventy-two-hour period.
(9)
The owner or harborer may renew the permit following the same application
procedure required for an original permit except for approval of the
facility and paying a ten dollar ($10.00) renewal fee.
(10)
The owner or harborer shall cause a licensed veterinarian to inspect
the premises twice annually and shall file a report of their findings
with the animal services supervisor after each inspection.
(11)
After consideration of the application, the animal services supervisor
may issue a permit.
(12)
The animal services supervisor may revoke the permit:
(A)
If the permit holder fails to properly restrain the prohibited animal
at all times;
(B)
If the permit holder fails to adequately care for or protect the
prohibited animal;
(C)
If the United States Department of Agriculture, Animal and Plant
Inspection Service revokes or fails to renew a required license; or
(D)
For any other reason to the extent necessary to protect public or
animal health, safety, or welfare.
(b)
Categories II and V permits.
(1)
The animal services supervisor may issue a permit for a category
II or V prohibited animal only if the following requirements are met:
(A)
The applicant correctly completes a prohibited animal application
form and pays a one hundred dollar ($100.00) nonrefundable application
fee;
(B)
The applicant provides a program prepared and signed by a licensed
veterinarian detailing veterinary care for the prohibited animal;
(C)
The applicant submits a copy of a report from a licensed veterinarian
familiar with the type of animal that concludes that the facility
is adequate to properly restrain the prohibited animals and the facilities
are adequate to provide humane handling, care, and treatment of the
prohibited animals; and
(D)
The applicant files an affidavit stating that he or she will harbor
no more than four (4) prohibited animals on the premises.
(2)
The permit is for a one-year period.
(3)
The applicant may renew the permit for a one hundred dollar ($100.00)
nonrefundable fee; however, following the application procedure required
for an original permit except for approval of the facility.
(4)
Prior to the renewal of a permit, the applicant shall submit a copy
of a report from a licensed veterinarian who has inspected the facility.
Said inspection and report shall be at the applicant's expense.
(5)
The prohibited animal shall not be allowed to roam the premises outside
of the facility constructed to house the prohibited animal.
(6)
During the time a prohibited animal is being transported it shall
be placed in a cage of suitable strength to restrain the prohibited
animal under all conditions.
(7)
The animal services supervisor may revoke the permit if the permit
holder fails to properly restrain the prohibited animal.
(8)
The animal services supervisor's denial or revocation of the permit
is final unless the applicant 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 of the animal services
supervisor's action. An appeal operates as a stay or postponement
of the denial or revocation until the council makes a final decision.
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 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
of the decision. The city manager's decision on the appeal is final.
(Ordinance 6416 adopted 9/20/21)
(a)
No
person shall breed prohibited animals in the city.
(b)
No
person shall transport a prohibited animal without first providing
the animal services supervisor with the time, date, manner of transportation,
destination, and reason for movement.
(c)
The
owner or harborer shall not allow the prohibited animal outside the
facility constructed to house it.
(d)
If
a prohibited animal dies or leaves the approved site, the owner or
harborer shall notify the animal services supervisor within ten (10)
days.
(e)
Any
person transporting a prohibited animal shall place it in a cage of
suitable strength to restrain it under all conditions.
(Ordinance 6416 adopted 9/20/21)
The sections of this chapter governing dangerous, wild animals
do not apply to:
(1)
A
county, municipality, or agency of the state or an agency of the United
States or an agent or official of a county, municipality, or agency
acting in an official capacity;
(2)
A
research facility, as that term is defined by subsection (e) of the
United States Animal Welfare Act (7 U.S.C. § 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, infirm, orphaned, or abandoned dangerous, wild animal while
being transported for care or treatment;
(5)
An
injured, infirm, orphaned, or abandoned dangerous, wild animal while
being rehabilitated, treated, or cared for by a licensed veterinarian,
an incorporated humane society or animal shelter, or a person who
holds a rehabilitation permit issued under subchapter C, chapter 43,
Texas Parks and Wildlife Code;
(6)
A
dangerous, wild animal owned by and in the custody and control of
a transient circus company that is not based in this state if:
(7)
A
dangerous, wild animal while in the temporary custody or control of
a television or motion picture production company during the filming
of a television or motion picture production in this state;
(8)
A
dangerous, wild animal owned by and in the possession, custody, or
control of a college or university solely as a mascot for the college
or university;
(9)
A
dangerous, wild animal while being transported in interstate commerce
through the state in compliance with the Animal Welfare Act (7 U.S.C.
§ 2131, et seq.) and its subsequent amendments and the regulations
adopted under that act;
(10)
A nonhuman primate owned by and in the control and custody of a person
whose only working is supplying nonhuman primates directly and exclusively
to biomedical research facilities and who holds a class "A" or class
"B" dealer's license issued by the Secretary of Agriculture of the
United States under the Animal Welfare Act (7 U.S.C. § 2132,
et seq.) and its subsequent amendments; and
(Ordinance 6416 adopted 9/20/21)
(a)
A
person may not own, harbor, or have custody or control of a dangerous,
wild animal for any purpose unless the person holds a certificate
of registration for that animal issued by the city.
(b)
A
certificate of registration is not transferable and is valid for one
(1) year after its date of issuance or renewal unless revoked.
(c)
The
applicant shall pay a one hundred dollar ($100.00) fee for each animal
registered but no more than a total of one thousand dollars ($1,000.00)
per year.
(d)
The
fees collected under this section shall be used only to administer
and enforce the sections pertaining to dangerous, wild animals in
this chapter.
(Ordinance 6416 adopted 9/20/21)
(a)
An
applicant for an original or renewal certificate of registration for
a dangerous, wild animal shall file an application with the animal
services supervisor on a form provided by the animal services supervisor.
(b)
The
application shall include:
(1)
The name, address, and telephone number of the applicant;
(2)
A complete identification of each animal, including species, sex,
age, if known, and any distinguishing marks or coloration that would
aid in the identification of the animal;
(3)
The exact location where each animal is to be kept;
(5)
Any other information the animal services supervisor may require.
(c)
An
applicant shall include with each application:
(1)
The nonrefundable fee;
(2)
Proof, in a form acceptable by the animal registration agency, that
the applicant has liability insurance;
(3)
A color photograph of each animal being registered taken not earlier
than the thirtieth day before the date the application is filed;
(4)
A photograph and a statement of the dimensions of the primary enclosure
in which each animal is to be kept and a scale diagram of the premises
where each animal will be kept, including the location of any perimeter
fencing and any residence on the premises; and
(5)
If an applicant holds a class A or class B dealer's license or class
C exhibitor's license issued by the Secretary of Agriculture of the
United States under the Animal Welfare Act (7 U.S.C. § 2131,
et seq.) and its subsequent amendments, a clear and legible photocopy
of the license.
(Ordinance 6416 adopted 9/20/21)
(a)
If
the animal services supervisor finds that an application for an original
or renewal certificate of registration under this chapter does not
meet the requirements for dangerous, wild animals or, after inspection,
that an applicant has not complied with this chapter, the animal services
supervisor shall deny the applicant a certificate of registration
and give the applicant written notice of the denial and the reasons
for the denial.
(b)
If
the animal services supervisor finds, after inspection, that a registered
owner provided false information on or in connection with the application
or has not complied with this chapter, the animal services supervisor
shall revoke the certificate of registration and give the owner written
notice of the revocation and the reasons for the revocation.
(c)
A
person may appeal the denial of an original or renewal certificate
of registration or the revocation of a certificate of registration
to the justice court for the precinct in which the animal is located
or the municipal court in the municipality in which the animal is
located not later than the fifteenth day after the date the certificate
of registration is denied or revoked. Either party may appeal the
decision of the justice or municipal court to a county court or county
court at law in the county in which the justice or municipal court
is located. The decision of the county court or county court at law
may not be appealed.
(Ordinance 6416 adopted 9/20/21)
(a)
A
holder of a certificate of registration shall prominently display
the certificate at the premises where each animal that is the subject
of the certificate of registration is kept.
(b)
Not
later than the tenth day after the date a person receives a certificate
of registration, the person shall file a clear and legible copy of
the certificate of registration with the Texas Department of Health.
(Ordinance 6416 adopted 9/20/21)
An owner of a dangerous, wild animal shall maintain liability
insurance coverage in an amount of not less than one hundred thousand
dollars ($100,000.00) for each occurrence for liability for damages
for destruction of or damage to property and death or bodily injury
to a person caused by the dangerous wild animal.
(Ordinance 6416 adopted 9/20/21)
An owner of a dangerous, wild animal, at all reasonable times,
shall allow the animal services supervisor or a licensed veterinarian
designated by the animal services supervisor to enter the premises
where the animal is kept and to inspect the animal, the primary enclosure
for the animal, and the owner's records relating to the animal to
ensure compliance with this chapter.
(Ordinance 6416 adopted 9/20/21)
(a)
An
owner of a dangerous, wild animal may not permanently relocate the
animal unless the owner first notifies the animal services supervisor
in writing of the exact location to which the animal will be relocated
and provides the animal services supervisor, with respect to the new
location, the information required for dangerous, wild animals.
(b)
Within
ten (10) days after the death, sale, or other disposition of the animal,
the owner of the animal shall notify the animal services supervisor
in writing of the death, sale, or other disposition.
(Ordinance 6416 adopted 9/20/21)
(a)
An
owner of a dangerous, wild animal shall notify the animal services
supervisor of any attack of a human by the animal within forty-eight
(48) hours of the attack.
(b)
An
owner of a dangerous, wild animal shall immediately notify the animal
services supervisor and the police department of any escape of the
animal.
(c)
An
owner of a dangerous, wild animal that escapes is liable for all costs
incurred in apprehending and confining the animal.
(d)
The
animal services supervisor is not liable to an owner of a dangerous,
wild animal for damages arising in connection with the escape of a
dangerous, wild animal, including liability for damage, injury, or
death caused by the animal during or after the animal's escape, or
for injury to or death of the animal as a result of apprehension or
confinement of the animal after escape.
(Ordinance 6416 adopted 9/20/21)
(a)
For
each dangerous, wild animal, the owner shall comply with all applicable
standards of the Animal Welfare Act (7 U.S.C. § 2131, et seq.)
and its subsequent amendments and the regulations adopted under that
act relating to:
(b)
An
owner of a dangerous, wild animal shall maintain a separate written
log for each dangerous, wild animal documenting the animal's veterinary
care and shall make the log available to the animal services supervisor
on request.
(d)
When
transporting a dangerous, wild animal, the owner of the animal, or
a designated carrier or intermediate handler of the animal, shall
comply with all transportation standards that apply to that animal
under the Animal Welfare Act (7 U.S.C. § 2131, et seq.) and its
subsequent amendments and the regulations adopted under that act.
(e)
It
is an affirmative defense to prosecution under this section that the
person is caring for, treating, or transporting an animal for which
the person holds a class A or class B dealer's license or a class
C exhibitor's license issued by the Secretary of Agriculture of the
United States under the Animal Welfare Act (7 U.S.C. § 2131,
et seq.) and its subsequent amendments.
(Ordinance 6416 adopted 9/20/21)
A person commits an offense if the person knowingly sells or
otherwise transfers ownership of a dangerous, wild animal to a person
who does not have a certificate of registration for that animal as
required by this chapter.
(Ordinance 6416 adopted 9/20/21)
(a)
A
person who violates the requirement for a certificate of registration
for ownership of a dangerous, wild animal is liable for a civil penalty
of not less than two hundred dollars ($200.00) and not more than two
thousand dollars ($2,000.00) for each animal with respect to which
there is a violation and for each day the violation continues.
(b)
The
city may sue to collect a civil penalty and retain the civil penalty
collected.
(c)
The
city may also recover the reasonable costs of investigation, reasonable
attorney's fees, and reasonable expert witness fees incurred by the
city in the civil action. Costs or fees recovered under this subsection
shall be credited to the operating account from which payment for
the city's expenditures was made.
(Ordinance 6416 adopted 9/20/21)
