The definition of terms as used in this chapter, unless the
context otherwise indicates, is as follows:
Any live, vertebrate creature, domestic or wild.
Off of the premises of the owner and not under the control
of the owner or a member of the owner’s immediate family, or
a servant of the owner, either by leash, cord, chain or other article
attached to the dog or cat and held by such person having control.
Each and every domestic mammal of the feline species, regardless
of age or sex.
Each and every domestic mammal of the canine species, regardless
of age or sex.
Any person or persons, firm, association or corporation owning,
keeping, in control of, or harboring one or more dogs and/or cats.
A dog or cat shall be deemed to be harbored if it is fed or sheltered
for three (3) consecutive days or more.
The person having charge of or control over the animal boarding
facility as designated from time to time by the Director of Public
Safety of the Town.
A dog which is unruly, refractory or has displayed an inclination
to approach or growl at a person or persons in an angry, threatening
or ill-tempered manner when such person or persons was or were not
doing acts ordinarily calculated to cause well-tamed dogs or cats
to respond in such manner, or to bite, bite at, attack or snap at
a person or persons, or has displayed habits indicating a lack of
docility or a lack of complete taming.
(1971 Code, sec. 3-1)
No owner of any dog or cat or other animal, and no manager,
clerk, owner or operator of any place where food is exposed or offered
for sale, served or sold for human consumption, shall permit any dog
or cat or other animal to enter, be, or remain within any store, restaurant,
cafe, shop, building, structure or place where food is offered or
exposed for sale, displayed or handled for human consumption within
the corporate limits of the Town.
(1971 Code, sec. 3-2)
(a)
Animal.
Fowl.
Livestock.
Person.
Wild.
Wild animal.
The
following terms shall mean:
Any live creature, domestic or wild, vertebrate or invertebrate,
not of the human species.
Any of various birds, including chickens, turkeys, geese,
ducks, doves, guineas, swans, peafowl or any other free, uncaged bird
or fowl, except parakeets, canaries, pigeons or other birds of similar
size that are customarily kept within cages.
Cattle, swine, sheep, horses, donkeys, burros and goats.
Any person or persons, firm, association or corporation owning,
keeping, maintaining control of, or harboring any animals prohibited
by this section.
Not domesticated.
Any live monkey (nonhuman primate), ape, opossum, raccoon,
rabbit, skunk, bear, fox, weasel, coatimundi, snake, mink, ferret,
lizard, alligator, jaguar, jackal, wolf, crocodile, leopard, panther,
tiger, bobcat, cheetah, lion, lynx, ocelot, bee, or any other animal
which retains its wild nature.
(b)
It
shall be unlawful for any person to keep, harbor or permit to be kept
on his premises any wild animal, fowl or livestock.
(1971 Code, sec. 3-3)
(a)
Noisy animals prohibited.
No person shall keep upon
any property under the control of such person any dog or cat or animal
of the canine kind which habitually barks, howls, or yelps, or any
cat which habitually cries or howls to the great discomfort of the
people and quiet of the neighborhood, or in such manner as to materially
disturb or annoy persons in the neighborhood who are of ordinary sensitivities.
Such animals are hereby declared to be a public nuisance.
(b)
Number of dogs and cats limited.
The keeping of an unlimited
number of dogs and cats in the Town for a considerable period of time
detracts from and, in many instances, is detrimental to the healthful
and comfortable life for which such areas were created. The keeping
of an unlimited number of dogs and cats is, therefore, declared to
be a public nuisance. It shall be unlawful for any person or persons
to keep more than a total of three (3) dogs and cats within the Town,
with the exception that a litter of pups or a litter of kittens, or
a portion of a litter, may be kept for a period of time not exceeding
three (3) months from birth.
(c)
Duty of owner to control noise.
Each and every person
shall prevent each, any and every dog or cat upon any premises in
the Town controlled or used by such person from barking and/or howling
for any period of more than three (3) consecutive minutes, and from
making any such noises as could reasonably be expected to disturb
the peace, rest, quietude or comfort of any person of normal nervous
sensibilities.
(d)
Violations.
Each, any and every person who violates
any of the foregoing provisions of this section and any person who
shall harbor or keep on his premises, or in or about his premises,
or on premises under his control, any dog, cat, or animal of dog kind
which by loud or unusual barking or howling disturbs the peace and
quiet of any person of normal nervous sensibilities beyond the boundaries
of other property shall be guilty of a misdemeanor and upon conviction
shall be fined as hereinafter provided for a violation of this chapter,
and each and every twenty-four (24) hours that such dog, cat, or other
animal shall remain or be kept on any premises shall constitute a
separate offense.
(e)
Complaints.
Whenever any person shall complain to the
Department of Public Safety that a dog which habitually barks, howls
or yelps or a cat which habitually cries or howls is being kept by
any person in the Town, the Department of Public Safety shall notify
the owner of said dog or cat that a complaint has been received and
that the person should take whatever steps necessary to alleviate
the howling, yelping or crying. If the warning given to the person
alleged to be keeping a dog or cat as set forth herein is ineffective,
then a verified complaint of at least two (2) citizens not from the
same family may be presented to the Department of Public Safety, alleging
that a vicious dog or a dog which habitually barks, howls or yelps,
or a cat which habitually cries or howls, is being kept by any person
within the Town. The Department of Public Safety shall inform the
owner of such dog or cat that said petition has been received and
shall cite the owner of the dog or cat for the violation alleged in
said petition.
(1971 Code, sec. 3-4)
The owner of every animal shall be responsible for the removal
of excreta deposited by his canine on public walks, parks, recreation
areas, or private property.
(1971 Code, sec. 3-5)
No owner of an animal shall abandon such animal.
(1971 Code, sec. 3-6)
(a)
All
dogs shall be kept under restraint, either by a leash or by being
kept in an enclosure of adequate height sufficient to restrain a dog
from leaving its owner’s premises. It shall be unlawful for
any dog or cat to be at large on the public streets, parks, alleys,
public premises and/or private premises other than the premises of
the owner of said dog or cat in the corporate limits of the Town unless
the dog or cat is on a leash and is under the control of a person
physically able to control it.
(b)
The
owner of any dog or cat found running at large shall, upon conviction
thereof, be guilty of a misdemeanor punishable by a fine as provided
by this chapter.
(c)
No
owner shall fail to exercise proper care and control of his animals
to prevent them from becoming a public nuisance.
(d)
All
pens, yards or runs or other structures wherein any animal is kept
shall be of such construction so as to be easily cleaned and kept
in good repair. Fences which are intended as enclosures for any animal
shall be securely constructed, and shall be adequate for the purpose,
kept in good repair, and not be allowed to become unsightly.
(e)
It
shall hereafter be the duty of the Town Health Officer or the Town
Director of the Department of Public Safety to cause all dogs and
cats, whether vaccinated and licensed or not, to be caught and placed
in the Town pound when found running at large upon the public streets,
sidewalks, parkways, parks, alleys, public premises, and/or private
premises, other than the private premises of the owner of such dog
or cat, unless the dog or cat is on a leash and accompanied by the
owner, or a member of the owner’s immediate family, or a servant
of the owner. It shall be a violation of this chapter to interfere
with an officer in the performance of his duties.
(1971 Code, sec. 3-7)
(a)
Any
dog or cat or other animal found running at large that appears to
be fierce or dangerous, or has vicious propensities, may be taken
up and impounded and shall not be released except upon approval of
the Director of the Town Department of Public Safety, but not before
the payment of any penalties prescribed in this chapter; provided,
however, that if any dangerous, fierce, or vicious dog or cat or other
animal so found at large cannot be safely taken up and impounded,
such dog or cat or other animal may be slain by any officer of the
Town.
(b)
Whenever
any domesticated animal has bitten, scratched, or otherwise attacked
any person or persons within the corporate limits of the Town, it
shall be confined in such place or places as the Town Department of
Public Safety may direct and for such period of observation as may
be necessary, unless such animal is too vicious and dangerous to be
impounded safely, in which case it may be killed and the head shipped
to the department of state health services for rabies examination.
(c)
Whenever
any dog or cat or other animal bites, scratches, or otherwise attacks
any person or persons within the corporate limits of the Town, the
owner of said animal shall immediately notify the Town Police Department.
The Director of the Department of Public Safety shall order the animal
confined and held, at the owner’s expense, for a period of ten
(10) days in isolation approved by the Town Health Officer, or Department
of Public Safety, if practical; provided, however, that if such dog
or cat or other animal cannot be safely captured or impounded, it
may be slain by any Policeman of the Town.
(d)
Anyone
having the knowledge or reason to believe that any dog, cat or other
animal has bitten, scratched or otherwise attacked any person or persons
within the corporate limits of the Town shall report within twenty-four
(24) hours, so far as it is known, the name and address of the owner,
the location of the incident, and other circumstances of the animal.
Such report concerning bites shall be made to the Town Department
of Public Safety.
(1971 Code, sec. 3-8)
Dangerous dogs, as defined in V.T.C.A., Health and Safety Code,
section 822.041, shall be regulated in accordance with the provisions
of V.T.C.A., Health and Safety Code, chapter 822, subchapter D, section
822.041 et seq.
(Ordinance adopting Code)
(a)
Records; notification of owner.
The Town Department
of Public Safety, upon receiving any dog or cat, shall make a complete
registry, entering the breed, color, and sex of such dog or cat and
whether licensed. If licensed, the Director of the Department of Public
Safety shall obtain the name and address of the owner and the number
of the license tag, and every reasonable effort shall be made to notify
the owner thereof.
(b)
Redemption of animal; fees.
The owner of any animal
so impounded may retain and repossess such animal if, but only if,
such owner pays a pound fee of thirty dollars ($30.00) in cash to
the Town, and presents to the Poundmaster a receipt for same. In the
event that an animal is redeemed from the Poundmaster after seventy-two
(72) hours, the owner shall pay to the Town an additional ten dollars
($10.00) a day, or part of a day, for each day thereafter.
(c)
Disposal of unredeemed animals.
After the expiration
of seventy-two (72) hours from the time of impoundment of such animal,
whether licensed or unlicensed, the Director of the Department of
Public Safety shall have the option of either disposing of the animal
by sale to a new owner upon payment of existing pound fees or to cause
said dog or cat to be killed and its body disposed of.
(1971 Code, sec. 3-10)
Any person owning or having in his possession or control any
dog or cat or other animal with rabies or suspected of having rabies
shall report such fact to the Town Health Officer or the Department
of Public Safety, together with all known facts regarding possible
exposure of persons or other animals to the disease. The Department
of Public Safety shall require the person owning or having in his
possession any dog or cat or other animal with rabies or suspected
of having rabies to immediately confine in isolation, approved by
the Department of Public Safety or the Town Health Officer, at the
owner’s expense, such dog or cat or other animal for ten (10)
days unless death intervenes. Where approved isolation and confinement
are not practical, animals shall be slain under direction of the Town
Health Officer or the Director of the Department of Public Safety.
Animals suspected of having rabies shall be examined postmortem for
rabies in an approved laboratory.
(1971 Code, sec. 3-11)
(a)
Filing of complaint.
The Town Director of the Department
of Public Safety may receive a complaint concerning a dog which has
bitten a human being. A complaint must be filed with the Director
of the Department of Public Safety with a written, sworn complaint
which contains the following information:
(1)
Name, address, and telephone number of the complainant and any other
witnesses to the incident;
(2)
Date, time, and location of the incident;
(3)
Description of the dog;
(4)
Name, address, and telephone number of the dog owner;
(5)
A statement that the dog, while straying, bit the complainant;
(6)
A statement that the dog has exhibited vicious propensities; and
(7)
Other facts or circumstances of the incident.
(b)
Notice of hearing; impoundment of animal.
After a sworn
complaint is filed with the Department of Public Safety, the Director
shall set a time and place for a hearing. The Director shall give
notice of the hearing to the dog’s owner by personal service
or certified mail, return receipt requested, at least ten (10) days
prior to the hearing date. After the owner of the dog receives notice,
the Department of Public Safety shall impound the dog specified in
the complaint.
(c)
Determination; order to destroy animal.
The court shall
determine at the hearing if the dog specified in the complaint should
be destroyed for the protection of the public health, safety and welfare
of the community. The court shall receive testimony at the hearing
concerning the incident under investigation. To order destruction
of the dog for the public health, safety and welfare, the court must
find all the following facts to be true:
(1)
The dog, while straying, bit the complainant;
(2)
The dog has exhibited vicious propensities in past conduct;
(4)
Destruction of the dog is necessary to preserve the public health,
safety, and welfare of the community.
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If the court orders destruction of the dog and the owner is
not present at the hearing, he shall notify the owner of the decision
by personal service or certified mail, return receipt requested. If
the court does not order destruction of the dog, the Director of the
Department of Public Safety shall return the dog to the owner upon
payment of a pound fee if the owner shows proof of current registration.
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(d)
Appeal.
An owner of a dog may appeal a destruction order
to a court of competent jurisdiction within five (5) days of the decision.
If the Director of the Town Department of Public Safety receives written
notice of the appeal within five (5) days of the decision, he shall
suspend the destruction order pending final determination of the court.
(e)
Failure to release animal to Director of Public Safety.
A person commits an offense if he knowingly possesses and fails to
release to the Town’s Director of Public Safety a dog that has
been charged by sworn complaint as provided in this section.
(1971 Code, sec. 3-12; Ordinance
adopting Code)
(a)
License required; fee; term.
It shall hereafter be unlawful
for the owner of any dog or cat within the corporate limits of the
Town to keep or maintain said dog or cat unless said dog or cat is
immunized against rabies, and unless an annual license fee for each
dog and cat has been paid to the Town. The annual license fees are
as follows:
(1)
For each unneutered male dog: $20.00.
(2)
For each unneutered male cat: $20.00.
(3)
For each unspayed female dog: $20.00.
(4)
For each unspayed female cat: $20.00.
(5)
For each neutered male dog: $10.00.
(6)
For each neutered male cat: $10.00.
(7)
For each spayed female dog: $10.00.
(8)
For each spayed female cat: $10.00.
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The fee herein prescribed shall be due and payable on or before
January 1 of each year beginning January 1, 1981.
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(b)
License application; certificate of vaccination.
Written
application for a license shall be made to the Town Department of
Public Safety, where shall be given the name and address of the applicant
and a description of the animal after obtaining a dog or cat over
four (4) months old. At the time of the payment of the above-prescribed
annual license tax for each dog and cat, the owner of said dog or
cat shall file with the Department of Public Safety a written certificate
of anti-rabies vaccination by a veterinarian duly licensed to practice
such profession by the State Board of Veterinary Medical Examiners,
showing the name and address of the owner of said dog or cat, containing
a description of the color, breed, sex and weight of said dog or cat,
together with the kind and amount of vaccine used and the date of
administration, and certifying that said dog or cat was so vaccinated
and immunized against rabies by such veterinarian for the current
year.
(c)
License tag.
Upon the filing of the certificate, as
required, and the payment of the tax fixed, the Department of Public
Safety shall deliver to the owner of said dog or cat a metal tag stamped
with the words “Tax Paid,” and with the year for which
same is paid, and such tag shall at all times be securely attached
to a collar around the neck of the dog or cat for which such license
tax is paid. The Town Department of Public Safety and its employees
are hereby expressly prohibited from accepting payment of the above-prescribed
annual license tax and issuing a license tax receipt and tag unless
the applicant has filed with the Department of Public Safety the above-prescribed
certificate of vaccination.
(d)
Duration of license; license nontransferable.
The annual
license for dogs and cats required by this chapter shall be valid,
if not revoked, for the calendar year in which issued, and shall be
nontransferable.
(e)
Exemptions.
License fees shall not be required for Seeing
Eye dogs, governmental police dogs, or a nonresident keeping a dog
or cat within the Town for no longer than sixty (60) days.
(1971 Code, sec. 3-13; Ordinance
adopting Code)
