For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
Animal-at-Large.
Any animal not under the restraint (as defined in this section)
of a person capable of controlling the animal on or off the premises
of the owner.
Animal Care and Control Officer.
Any person designated by the City of Gonzales as an enforcement
officer who is qualified to perform such duties as required by this
article and/or state law.
Animal Shelter.
Any facility operated by a humane society, or municipal agency
or its authorized agents, for the purpose of impounding animals under
the authority of this article or state law for care, confinement,
return to owner, adoption or euthanasia.
Auction.
Any place or facility where animals are regularly bought,
sold, or traded, except for those facilities otherwise defined in
this article. This definition does not apply to individual sales of
animals by owners.
Bite.
Puncturing or tearing of the skin by an animal’s teeth.
Cat.
Any live or dead cat (Fells Catus).
Circus.
A commercial variety show featuring animal acts for public
entertainment.
Commercial Animal Establishment.
Any pet shop, grooming shop, guard dog or obedience training
center, animal auction, riding school or stable, zoological park,
circus, performing animal exhibition, or boarding or breeding kennel.
Currently Vaccinated.
Vaccinated and satisfying the following criteria:
(1)
The animal must have been at least three months of age at the
time of vaccination.
(2)
At least 30 days have elapsed since the initial vaccination.
(3)
Not more than 3 years have elapsed since the most recent vaccination.
Dog.
Any live or dead dog (Canis Familiaris), except hybrids.
Domestic Animal.
Tame, domesticated, of or pertaining to the family or household.
Fowl.
A bird of any kind, domestic cock or hen (Gallus Gallus).
Grooming Shop.
A commercial establishment where animals are bathed, clipped,
plucked or otherwise groomed.
Guard Dog.
Any professionally trained dog that will detect and warn
its handler that an intruder is present in or near an area that is
being secured.
Hybrid Animal.
The cross between a normally domestic animal and an animal
that is normally found in the wild. The offspring of such a mating
is a hybrid animal.
Kennel or Cattery.
Any premises wherein any person engages in the business of
boarding, breeding, buying, letting for hire, training for a fee,
or selling dogs or cats, and containing facilities for keeping more
than four animals of the same species.
Licensed Veterinarian.
A veterinarian licensed to practice veterinary medicine in
one or more of the 50 states.
Livestock.
Domestic animals used or raised on a farm, especially those
kept for a profit; specifically, horses, ponies, mules, donkeys, cattle,
goats, rabbits, sheep and swine, regardless of age, sex or breed.
Observation Period.
The 10 days following a bite incident during which the biting
animal’s health status must be monitored. The 10 day observation
period will begin on the day of the bite incident (day one).
Owner.
Any person, partnership, or corporation owning, keeping,
or harboring one or more animals. An animal shall be deemed to be
harbored if it is sheltered for three consecutive days or more, or
if it returns to a residence or business on three separate days.
Performing Animal Exhibition.
Any spectacle, display, act, or event, other than circuses,
in which performing animals are used. This shall include animal amusement
vendors such as, but not limited to, pony-go-round rides, commercial
horseback pictures and the like.
Person.
Any individual, corporation, government or governmental subdivision,
or agency, business trust, estate, partnership, association, or any
other legal entity.
Pet or Companion Animal.
Any animal kept for pleasure rather than utility; an animal
of a species that has been bred and raised to live in or about the
habitation of humans and is dependent on people for food and shelter.
Pet Shop.
Any person, partnership, or corporation, whether operated
separately or in connection with another business enterprise (except
for a licensed kennel), that buys, sells, or boards any species of
animal.
Possible Exposure to Rabies.
Receipt of a bite or scratch from any warm blooded animal,
animal to human or animal to animal, is reason to suspect exposure
to rabies.
Provocation.
Any purposeful act that causes an animal to bite, scratch,
or attack in protection of self, owner, or owner’s premises.
Entrance, in any manner, into an area where an animal is properly
under restraint in compliance with city ordinances would be considered
provocation, irrespective of the reason for such entrance.
Public Nuisance Animal.
Any animal or animals or fowl that unreasonably annoy humans,
endanger the life or health of other animals or persons, or substantially
interfere with the rights of citizens, other than their owners, to
enjoyment of life or property. Public nuisance animal shall mean and
include, but is not limited to, any animal that:
(1)
Is repeatedly at large or stray;
(2)
Damages the property of anyone other than its owner;
(3)
Molests or intimidates pedestrians or passersby;
(4)
Trespasses on school grounds;
(6)
Excessively makes disturbing noises, including but not limited
to continued and repeated howling, barking, whining or other utterances
causing unreasonable annoyance, disturbance, or discomfort to neighbors
or others in close proximity to the premises where the animal is kept
or harbored;
(7)
Causes fouling of the air by odor and thereby creates unreasonable
annoyance or discomfort to neighbors or others in close proximity
to the premises where the animal is kept or harbored;
(8)
Causes unsanitary conditions in enclosures or surroundings where
the animal or animals are kept or harbored;
(9)
Is offensive or dangerous to the public health, safety, or welfare
by virtue of the number and/or types of animals maintained; or
(10)
Attacks other domestic animals.
Quarantine.
Strict confinement, for the purpose of preventing the spread
of disease, under restraint by closed cage, isolation kennel, rabies
chamber, paddock, or in any other manner approved by the local health
authority on the private premises of the owner or at a facility approved
by the Texas Department of Health.
Quarantine Period.
That portion of the observation period during which a biting
animal is physically confined for observation as provided for under
the quarantine method and testing section of this article.
Rabies.
An acute viral disease of man and animal affecting the central
nervous system and usually transmitted by an animal bite or saliva.
Reptile.
Any cold blooded, scaly vertebrate, such as a turtle, lizard
or snake of any kind.
Restraint.
Shall mean as follows:
(1)
Off-Premises. Secured by a leash or lead
and under the control of a responsible person and obedient to the
person’s commands.
(2)
On-Premises.
(A)
Secured by a leash or lead and under the control of a responsible
person; or
(B)
Confined to the realty or premises of the owner of such dog
or animal by a fence of sufficient strength and height to prevent
such dog or other animal from escaping therefrom; or
(C)
Confined inside a house on such premises; or
(D)
Under the direct supervision of the owner or other responsible
person and obedient to that person’s commands.
(3)
Prohibitions. It shall be unlawful for
the leash to be arranged in a manner that allows the dog or other
animal to get on or across or within eight (8) feet of any street,
park or other public land or within eight (8) feet of any sidewalk,
public way, place or building, water, electric or gas meter or any
receptacle used to accept mail or papers, when such leash is stretched
to its full length. Any animal so arranged shall be considered dangerous
to the public in general and declared a nuisance, and shall be impounded.
Cats shall be exempt from the leash requirement but if designated
a “public nuisance animal” as defined above shall be subject
to impoundment.
Riding School or Stable.
Any place that has available for hire, boarding, and/or riding
instruction, any horse, pony, donkey, mule, or burro; or any place
that regularly buys, sells, or trains the above animals, including
a racetrack, trotting track, or rodeo.
Scratch.
A scrape left by the claws or nails of an animal and of sufficient
severity to break the skin and draw blood.
Sick Animal.
Any animal that appears to be suffering from an infectious,
contagious, or communicable disease, or that is showing evidence of
a physical injury, physical disorder, or traumatic injury, or that
has an elevated temperature.
Stray.
An animal running free or at large, with no physical or verbal
restraint.
Vaccinated.
Properly injected with a rabies vaccine licensed for use
in that species by the United States Department of Agriculture and
administered by or under the direct supervision of a licensed veterinarian.
Veterinary Hospital.
Any establishment maintained and operated by a licensed veterinarian
for surgery, diagnosis, and treatment of diseases and injuries of
animals.
Vicious Animal.
Any animal that attacks, bites, or injures human beings or
domesticated animals without adequate provocation, or which because
of temperament, conditioning, or training, has a known propensity
to attack, bite, or injure human beings or domesticated animals; or
an individual animal which the local health authority has reason to
believe has a dangerous disposition, likely to be harmful to humans
or other animals.
Wild Animal.
Any animal except the common domestic species, including,
but not limited to, dogs, cats, horses, cattle, swine, sheep, and
goats, regardless of the state or duration of captivity.
Wildlife.
Any animal that occurs naturally in the wild state.
Wild State.
Living in its original, natural condition; not domesticated.
Zoological Park.
Any facility operated by a person, partnership, corporation
or government agency, other than a pet shop or kennel, displaying
or exhibiting one or more species of non-domesticated animals.
(Ordinance 2004-14 adopted 12/6/04)
Animal control officers shall be appointed to enforce all provisions
of this chapter, including gathering up and impounding or quarantining
any livestock, fowl, cats, dogs, or other domestic and non-domestic
animals found running at large (stray) within the city limits.
(Ordinance 2004-14 adopted 12/6/04)
(a) All dogs,
cats, and other animals shall be kept under restraint and not allowed
to run at large, stray.
(b) An owner
shall exercise proper care and control of his or her animals to prevent
them from becoming a public nuisance.
(c) Every
female dog or cat in heat shall be confined in a building or secure
enclosure in such a manner that such female dog or cat cannot come
into contact with another animal of the same type but of opposite
sex except for planned breeding.
(d) Any animal
within the city that shall bite, scratch, or otherwise attack a person
who is not at the time trespassing upon the property of the owner
or person having control of such animal, nor provoking or teasing
such animal, shall be deemed vicious or dangerous to persons or other
animals and the animal control officer may order that such animal
be kept muzzled, or that such animal be kept within a sufficient enclosure
to insure it cannot attack any person or other animal again, or may
order that such animal be permanently removed from the corporate limits
of the city, or that such animal be delivered to the animal control
officer to be humanely euthanized.
(e) Any peace
officer or person may at any time report an attack by any dog upon
themselves or any person. When such a report is taken, the animal
control officer shall investigate such report, and if proven to be
fact, shall inform the owner of the dog, if an owner can be located,
of the attack. The dog will then be taken up and quarantined as per
the laws of the state, Texas Health and Safety Code, Chapter 826.
(f) If the
attack upon any person is proven to be an unprovoked attack, the owner
will be notified in person or in writing by the animal control officer
within 30 days of the attack and the dog shall be declared a “vicious
or dangerous dog.” The owner of the dog shall then:
(1) Register
the dangerous dog with the animal control officer for the area in
which the dog is kept;
(2) Restrain
the dangerous dog at all times on a leash in the immediate control
of a person or in a secure enclosure; and
(3) Obtain
liability insurance coverage or show financial responsibility in an
amount of at least $100,000.00 to cover damages resulting from an
attack by the dangerous dog causing bodily injury to a person, as
per the Texas Health and Safety Code, Chapter 822.
(g) It shall
be unlawful for any person to harbor or keep on his premises or in
or about his premises, or premises under his control, any vicious
animal except as directed by this article. Upon conviction, harboring
a vicious animal in violation of this article is a Class “C”
misdemeanor.
(h) No part
of this article shall preclude at any time the filing of a complaint
in the court of competent jurisdiction.
(Ordinance 2004-14 adopted 12/6/04)
(a) Unrestrained
dogs, cats, and nuisance animals shall be taken by the animal control
officer or police and impounded in an animal shelter and there confined
in a humane manner. Any animal that poses a threat to public health
and safety, any wild animal kept illegally, or any animal that has
been cruelly treated or abused shall also be impounded. For purposes
of discharging the duties imposed by the provisions of this article
or other applicable laws, and to enforce the same, duly authorized
representatives or employees may enter upon private property to the
full extent permitted by law, which shall include but not be limited
to entry upon private, unfenced property when in pursuit of any animal
which he or she has reason to believe is subject to impoundment pursuant
to the provisions of this article or other applicable laws.
(b) Licensed
impounded dogs and cats shall be kept for not fewer than 144 hours
(six days).
(c) Unlicensed
impounded dogs, cats, other domestic animals, and livestock shall
be kept for not fewer than 72 hours (three days).
(d) Wild dogs,
cats, or other animals may be kept up to 72 hours at the discretion
of the animal control officer.
(e) Obviously
sick or injured animals may be taken up and humanely euthanized at
the discretion of the animal control officer, if the animal is wearing
no tag of any kind so that the rightful owner cannot be notified of
their animal’s injuries.
(f) Any seriously
injured or sick animal may be put down by the animal control officer
as quickly and as humanely as possible to stop further suffering of
the animal.
(g) If, by
a vaccination tag or other means, the owner of an impounded animal
can be identified, the animal control officer shall immediately upon
impoundment notify the owner by direct contact, telephone, or other
reasonable means.
(h) An owner
reclaiming an impounded animal shall pay all impounding fees and vaccination
fees as needed for animals before they shall be returned to the owner.
Boarding fees shall also be charged to the owner at the fee stated
in the master rate and fee schedule for food and housing for the animal.
The impounding and pick up fee shall be stated in the master rate
and fee schedule for a dog or a cat will be paid to the city police
department. All other fees shall be charged at whatever costs are
accumulated in impounding the animal (such as any trailer or help
as may be contracted for to move the animal to the shelter).
(i) Subsequent
impounding/pick up of the same animal occurring within a 12 month
period shall be charged double the impound/pick up fee.
(j) Owners
of animals that are known by the animal control officer to be the
proper owner of that animal may be issued a citation for failure to
restrain their animal and may be subject to a fine.
(k) No sick
or injured animal shall be released to its owner until the animal
control officer shall be satisfied that arrangements have been made
for proper treatment of the sick or injured animal.
(l) Any animal
impounded in the animal shelter for a period exceeding the times laid
out in this article shall become the property of the local government
authority and shall be placed for adoption or humanely euthanized.
Any livestock kept over 72 hours may be sold or auctioned to cover
the costs of impoundment and boarding.
(m) At any
time within 14 calendar days from the date of the sale, the owner
of any animal impounded and sold under the provisions of this article
shall have the right to redeem the same by paying to the purchaser
thereof double the amount paid by the purchaser for such animal in
addition to any reasonable expenses incurred by the purchaser in keeping
the same.
(n) In addition
to, or in lieu of, impounding an animal found at large, the animal
control officer or a police officer may issue to the known owner of
such animal a notice of a violation of this article. Any person who
is convicted of owning an animal at large shall pay a fine.
(Ordinance 2004-14 adopted 12/6/04; Ordinance 2021-24 adopted 9/9/21)
If any animal is found running at large in violation of this
article, and after having received at least two complaints on the
animal, and the animal cannot be safely caught and impounded, and
the animal is determined to be a threat to public safety then the
animal may be put down by the animal control officer or any police
officer using that force deemed necessary and taking into consideration
the public health and safety.
(Ordinance 2004-14 adopted 12/6/04)
(a) No owner
shall fail to provide his animals with:
(1) Sufficient
wholesome and nutritious food;
(2) Clean
and sufficient quantities of water;
(4) Shelter
space and protection from the weather;
(5) Veterinary
care when needed to prevent suffering; and
(6) Humane
care and treatment.
(b) No person
shall beat, cruelly treat, torment, overload, overwork, or otherwise
abuse an animal.
(c) No person
shall cause, instigate, or permit any dogfight, cockfight, bullfight,
or other combat between animals or between animals and humans.
(d) No owner
of an animal shall abandon such animal. If an owned animal has been
impounded by the animal control officer, no owner shall allow the
animal to remain in the animal shelter beyond the maximum time allowed
(six days), for the purpose of adopting the animal at a lower cost
than the fine and/or fees due.
(e) Chickens,
ducklings, or rabbits younger than eight weeks of age may not be sold
in quantities of fewer than 25 to a single purchaser. This does not
include local business establishments that would sell such animals
or fowl in their normal course of business.
(f) No person
shall give away any live animal, fish, reptile, or bird as a prize
for, or as an inducement to enter, any contest, game, or other competition;
as an inducement to enter a place of amusement; or as an incentive
to enter into any business agreement whereby the offer was for the
purpose of attracting trade.
(g) No person
shall expose any known poisonous substance, whether mixed with food
or not, so that the same shall be liable to be eaten by any animal,
provided that it shall be lawful for a person to expose on his own
property common rat poison mixed only with vegetable substance.
(h) No person,
except a person licensed by the Texas Parks and Wildlife department,
shall place or set out steel jaw leg and/or neck traps with the intent
of trapping any animal.
(i) Any person
who, as the operator of a motor vehicle, strikes a domestic or non-domestic
animal shall as soon as practicable report such injury or death to
the animal control officer so that the animal may be picked up.
(Ordinance 2004-14 adopted 12/6/04)
(a) It shall
be unlawful for any person who is the owner of any hog or pig of any
kind, or any person who has any hog or pig under their management
or control, to keep the same, or allow the same to remain in any pen
or in any other place within the city limits. This does not include
Vietnamese potbellied pigs, in which one per residence is permitted.
(b) No person
shall keep upon any tract of land or any lot within the city limits
any livestock or farm animals of any kind, including but not limited
to cattle, sheep or goats of any kind unless the tract of land or
lot has a minimum of 20,000 square feet of surface. Up to one head
of livestock may be kept for each 20,000 square feet of surface on
the tract of land or lot excluding any dwelling or any part thereof.
No fractional measurements of land will be allowed, nor shall the
livestock be allowed to roam free, graze, or be kept within 500 feet
of any food service establishment or food processing establishment,
regardless of ownership or occupancy of such establishments. All persons
keeping the livestock upon any tract of land or lot within the city
limits will be held responsible for the cleanliness and upkeep of
the land or lot so as not to allow it to become a public nuisance
by the odor that may be created by the keeping of the livestock.
(c) It shall
be unlawful for any person to keep a horse, mule or jenny in the city
limits without obtaining a permit and paying the fee stated in the
master rate and fee schedule.
(1) Horses,
mules or jenny.
(A) Each animal shall have access to a covered, shelter area. The shelter
area will be a minimum of fifteen feet by fifteen feet (15'X15') for
each animal and shall be constructed in a sturdy, workman-like manner.
A minimum of one wall will be attached to the shelter to provide a
windbreak for the animal. The adequacy of the shelter will be at the
discretion of the city manager or his designee;
(B) Contiguous, and in addition to the (15'x15') shelter, each animal
will have access to a thirty feet by thirty feet (30'x30') exercise
area. This area must be free of any items or materials that may pose
a hazard to the animal;
(C) Horses are allowed to be tethered outside the exercise area no more
than eight (8) hours per day. A tether is considered to be a lead-rope
made of chain, ten feet (10') in length attached to a halter. The
lead-rope shall be attached to a sturdy material rope or chain with
a length of twenty feet (20');
(D) Each animal shall have access to a sufficient supply of fresh, clean
water while in the exercise area, the shelter area, or tethered;
(E) Stallions are not allowed within the city and there is to be no breeding
of horses, mules or jenny inside the city limits;
(F) All animals that are to be kept via a permit will have all required
vaccinations prior to being allowed inside the city limits;
(G) All animals that are to be kept via a permit will have all required
“Coggins” papers prior to being allowed inside the city
limits;
(H) The enforcement officer may revoke the permit for any horse, mule
or jenny if the permit holder fails to comply with subsections (A)–(G)
above.
(d) No person
shall keep upon any tract of land or lot within the city limits any
domestic fowl, such as, but not limited to chickens, turkeys, guinea
fowl, geese and/or ducks, unless the fowl are securely penned on the
property of the owner and not be allowed to roam free. Any fowl of
any kind found to be roaming free by the animal control officer within
the city limits will be considered to be unowned and may be taken
up or disposed of as may be deemed necessary to prevent the fowl from
becoming a public nuisance. Male domestic fowl are not permitted within
the city limits and the breeding of domestic fowl is strictly prohibited
within the city limits. All owners or keepers of the fowl within the
city limits will be held responsible for the cleanliness and upkeep
of the tract of land or lot upon which the fowl are being kept so
as not to allow it to become a public nuisance by the odor that may
be created by the keeping of the fowl.
(e) Subsections
(a),
(b) and
(c) above shall not apply to animal shelters, veterinary establishments, animal hospitals operated by a licensed veterinarian, livestock auctions, livestock shows or events, rodeos, or commercial animal establishments located on property zoned for such purposes. Such establishments, however, must meet sanitation requirements and keep animals securely caged or penned.
(f) Subsections
(a),
(b) and
(d) above shall not apply to those students participating in 4-H or FFA who engage in the raising of livestock or fowl for the purpose of showing them in a livestock show.
(1) These
persons shall be required, however, to register the keeping of such
animals or fowl with the animal control department.
(2) There
will be no fee for registering of livestock or fowl for the purpose
of showing in a livestock show. Registration shall list the name and
address of the student, the exact address and location where the animals
or fowl are being kept, and period of time the animals or fowl will
be kept at that location.
(g) Penalty.
Any person violating any provision of this chapter shall be
deemed guilty of a misdemeanor and upon conviction thereof, shall
be punished by a fine not to exceed $2,000.00.
(Ordinance 2018-9 adopted 4/3/18; Ordinance 2021-24 adopted 9/9/21)
(a) No person
shall own, possess, or have custody on his premises of any wild or
vicious animal (including any poisonous or otherwise dangerous reptile)
for display, training, or exhibition purposes, whether gratuitously
or for a fee, unless the person registers the animal or reptile with
the animal care and control department. This registration may be made
between the hours of 8:40 a.m. and 5:00 p.m., Monday through Friday.
(b) No person
shall keep or permit to be kept any wild animal, including a poisonous
or otherwise dangerous reptile, as a pet, unless licensed to do so
by the Texas Parks and Wildlife department.
(c) Subsection
(a) above shall not be construed to apply to zoological parks, performing animal exhibitions, circuses or veterinary hospitals.
(Ordinance 2004-14 adopted 12/6/04)
The owner of every animal shall be responsible for the removal
of any excreta deposited by his animal(s) on public walks, recreation
areas, or private property including the property of the owner.
(Ordinance 2021-24 adopted 12/6/04)
Any small animal trap that is loaned to any citizen of the city
by the animal control department of the animal control department
will have a fee as stated in the master rate and fee schedule charged
to the citizen borrowing the trap. The citizen is responsible for
the upkeep and baiting of the trap while he or she is in possession
of the trap. Any trap destroyed, lost, or stolen is the responsibility
of the person renting the trap. If the trap is lost damaged or stolen,
the full replacement cost of the trap shall be charged to the person
renting the trap. All funds so generated will be used to purchase
more traps or to replace worn out traps.
(Ordinance 2021-24 adopted 9/9/21)
The keeping of any animal in accordance with the provisions
of this article shall not be construed to authorize the keeping of
the same in violation of any zoning ordinance or any other ordinance
of the city.
(Ordinance 2004-14 adopted 12/6/04)
(a) The civil
and criminal provisions of this article shall be enforced by those
persons or agencies designated by municipal authority. The animal
care and control officer shall have the authority to issue citations
to anyone he finds in violation of this chapter.
(b) It shall
be a violation of this article to interfere with the animal control
officer in the performance of his duties.
(Ordinance 2004-14 adopted 12/6/04)
Any dog or cat adopted from the animal shelter or the pet adoption
center shall be spayed or neutered prior to adoption, or if the animal
is too young the adopter shall commit to have the animal spayed or
neutered when it has reached the age of six months. The costs of spaying
or neutering are to be borne by the adopters and the Friends of Gonzales
Animal Shelter, Inc.
(Ordinance 2004-14 adopted 12/6/04)
(a) It shall
be unlawful for any person to own, keep, harbor, or have custody or
control of a dog or cat over 120 days of age within the city unless
such dog or cat is currently vaccinated against rabies by the injection
of anti-rabies vaccine by or under the direct supervision of a licensed
veterinarian.
(b) Every
owner of a dog or cat immunized against rabies as required herein
shall procure a rabies vaccination certificate from the veterinarian
administering the vaccine. Such certificates shall contain the following
information:
(1) Owner’s
name, address, and telephone number.
(2) The
species, sex, age, size (lbs.), predominant breed, and color of the
vaccinated animal.
(3) The
vaccine used, producer, expiration date, and serial number.
(6) Veterinarian’s
signature and license number.
(c) A veterinarian
or person under the direct supervision of a veterinarian who vaccinates
a dog or cat as required herein shall furnish the owner thereof with
a metal tag approved by the animal care and control officer bearing
a number corresponding to the number placed on the certificate, and
with lettering showing immunization and the year thereof. This tag
shall be attached to the properly fitted collar of the dog or cat
for which it is issued, and shall be worn at all times in a conspicuous
place on the collar. If the dog or cat is not wearing a tag the animal
care and control officer may demand the owner show the certificate
of vaccination describing the animal, not just the tag. Such certificate
of vaccination shall be provided by the owner to the animal care and
control officer within one business day.
(Ordinance 2004-14 adopted 12/6/04)
(a) Any veterinarian
who shall find any animal within the city limits afflicted with any
disease which is transmissible from animal to man shall immediately
report to the city health officer and the animal control officer such
case together with the name and address of the owner and the location
of the animal at that time.
(b) Persons
having knowledge of any animal exhibiting symptoms of or animals that
have been exposed to rabies, or that has bitten, scratched or otherwise
attacked a person or another animal, or that the person suspects to
be rabid or could reasonably suspect is capable of transmitting rabies,
shall report the animal or incident to the animal control officer
as soon as possible but not any later than 24 hours from the time
of the incident. The report shall include the name and address of
any victim and the owner of the animal, if known, and any other information
relating to the incident or animal.
(Ordinance 2004-14 adopted 12/6/04)
(a) Every
animal that bites, scratches, or otherwise attacks another animal
or person, or any animal that is reasonably suspected of having rabies
in the city shall be impounded at once and held for observation in
an approved quarantine facility. This observation period shall not
be less than 10 full days starting with the day of the bite or attack
incident as day one. The owner may choose to have the animal quarantined
at an approved veterinary clinic of his choice. The owner of the animal
shall be responsible for all impoundment fees and all feed expenses
accumulated during this time whether to the city quarantine facility
or veterinary clinic.
(b) In the
event the owner of such animal described above refuses to surrender
such animal on demand, such action shall constitute a Class “C”
misdemeanor.
(c) If the
owner of the animal described above cannot be found or identified,
or the animal was a stray, the animal control officer may take any
steps necessary to catch for quarantine or to destroy the animal,
so that the head may be submitted for examination by the Texas Department
of Health.
(d) Any wild
animal that is not normally a domesticated animal that bites or attacks
any person or other animal shall be at once destroyed and the head
submitted for testing according to state law.
(e) If the
owner of such animal can be identified, that person shall be responsible
for the cost of the disposition of the animal, including the preparation
and shipment of the animals head for testing. If the owner chooses
not to pay for the quarantine, then the animal shall be humanely destroyed
and the brain submitted for testing to the Texas Department of Health.
(f) At the
discretion of the animal care and control officer, the unowned animal
may be humanely euthanized for immediate rabies diagnosis prior to
the end of the quarantine period.
(g) No animal
that has been placed in quarantine for possible rabies infection may
be released without proof of current rabies vaccination, which is
the certificate that was given to the owner of the animal at the time
of vaccination. The metal tag given to the owner of any animal upon
vaccination by the veterinarian shall not be taken as proof of vaccination.
(h) Home quarantine
of a biting animal in the city shall not be recognized by the animal
care and control office of the animal care and control department
as a legal quarantine of the animal.
(i) A licensed
veterinarian must observe the animal at least on the first and last
days of the quarantine period. The animal shall be transported on
both the first and last day of the quarantine to the veterinarian
chosen by the owner of the animal for observation of the animal. The
owner of the animal shall be responsible for any and all fees charged
by the animal clinic for the observation.
(Ordinance 2004-14 adopted 12/6/04)
(a) Unvaccinated
animals which have been bitten or directly exposed by physical contact
with a rabid animal or its fresh tissues shall be humanely euthanized
or, if sufficient justification for preserving the animal exists,
the exposed animal shall be immediately vaccinated against rabies,
placed in strict isolation for six months, and given a booster vaccination
one month prior to release from isolation.
(b) Vaccinated
animals which have been bitten or otherwise exposed to a rabid animal
shall be humanely euthanized or, if sufficient justification for preserving
the animal exists, the exposed vaccinated animal shall be given a
booster rabies vaccination and placed in strict isolation for three
months.
(c) These
provisions apply only to domestic animals for which an approved rabies
vaccine is available.
(d) These
provisions will be in accordance with current state law.
(Ordinance 2004-14 adopted 12/6/04)