The definition of terms as used in this chapter, unless the
context otherwise indicates, is as follows:
Animal.
Any live, vertebrate creature, domestic or wild.
At large.
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.
Cat.
Each and every domestic mammal of the feline species, regardless
of age or sex.
Dog.
Each and every domestic mammal of the canine species, regardless
of age or sex.
Owner.
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.
Poundmaster.
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.
Vicious dog.
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)
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)
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)
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;
(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;
(3) The impounded dog is the same dog which committed the acts under subsections
(c)(1) and
(2) of this section;
(4) Destruction of the dog is necessary to preserve the public health,
safety, and welfare of the community.
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.
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)