For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
An outdoor shelter:
Of sufficient size to allow each animal using the facility to
sit, stand, turn about freely, and lie in the fully stretched position;
Constructed to have a roof, at least three sides and a floor;
Constructed to be structurally sound and provide protection
from the elements; and
Be free of accumulated trash, waste, junk, urine and fecal material.
Any person designated by the city as an enforcement officer
who is qualified to perform such duties as required by this article
and/or state law.
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.
Any animal except cat(s) 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.
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.
Puncturing or tearing of the skin by an animal's teeth.
Any live or dead cat (Fells Catus).
A commercial variety show featuring animal acts for public
entertainment.
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.
A member of the domestic species Felis Catus and shall mean
a free roaming cat who may be cared for by one or more residents or
the immediate area who are known or unknown; a community cat may or
may not be feral. Community cats are not wildlife.
A person who, in accordance with a good faith effort to conduct
a policy of trap-neuter-return, provides care, including, food, shelter
or medical care to a community cat. Community cat caregivers are not
the owner, harborer, controller, or keeper of a community cat.
Vaccinated and satisfying the following criteria:
Any live or dead dog (Canis Familiaris), except hybrids.
Tame, domesticated, of or pertaining to the family or household.
The removal of the distal one-quarter of a community cat's
left ear, which is approximately three-eighths-inch, or one centimeter,
in an adult and proportionally smaller in a kitten. This procedure
is performed under sterile conditions while the cat is under anesthesia,
in compliance with any applicable federal or state law, and under
the supervision or a licensed veterinarian. Eartips are designed to
identify a community cat as being sterilized and lawfully vaccinated
for rabies.
Any unowned, homeless, wild, or untamed cat which is too
poorly socialized to be handled (and therefore must be trapped and
sedated for examination) and which cannot be placed into a typical
home as a domestic pet.
A group of feral cats that congregate together, more or less
as a unit, who are fed.
A bird of any kind, domestic cock or hen (Gallus Gallus).
A commercial establishment where animals are bathed, clipped,
plucked or otherwise groomed.
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.
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.
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.
A veterinarian licensed to practice veterinary medicine in
one or more of the 50 states.
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.
The animal control officer shall be designated as the rabies
control officer and shall handle all duties required under the Rabies
Control Act of 1981 and all amendments to that act.
A passive electronic device that is injected into an animal
by means of a hypodermic-type syringe device. Each microchip shall
contain a unique and original number that is read by an electronic
scanning device for the purposes of animal identification and recovery
by the animal's owners.
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).
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.
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.
Any individual, corporation, government or governmental subdivision,
or agency, business trust, estate, partnership, association, or any
other legal entity.
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.
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.
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.
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.
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:
Is repeatedly at large or stray;
Damages the property of anyone other than its owner;
Molests or intimidates pedestrians or passersby;
Trespasses on school grounds;
Chases vehicles;
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;
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;
Causes unsanitary conditions in enclosures or surroundings where
the animal or animals are kept or harbored;
Is offensive or dangerous to the public health, safety, or welfare
by virtue of the number and/or types of animals maintained; or
Attacks other domestic animals.
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.
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.
An acute viral disease of man and animal affecting the central
nervous system and usually transmitted by an animal bite or saliva.
Any cold blooded, scaly vertebrate, such as a turtle, lizard
or snake of any kind.
Shall mean as follows:
Off-Premises. Secured by a leash or lead
and under the control of a responsible person and obedient to the
person's commands.
On-Premises.
Secured by a leash or lead and under the control of a responsible
person;
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;
Confined inside a house on such premises; or
Under the direct supervision of the owner or other responsible
person and obedient to that person's commands.
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.
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.
A scrape left by the claws or nails of an animal and of sufficient
severity to break the skin and draw blood.
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.
An animal running free or at-large, with no physical or verbal
restraint.
The nonlethal process of humanely trapping, sterilizing,
vaccinating for rabies, ear tipping, microchipping and returning,
unless the animal is adoptable or has been deemed a nuisance to the
area.
Any animal for which an owner has not been identified.
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.
Any establishment maintained and operated by a licensed veterinarian
for surgery, diagnosis, and treatment of diseases and injuries of
animals.
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.
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.
Living in its original, natural condition; not domesticated.
Any animal that occurs naturally in the wild state.
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 nondomesticated animals.
(Ordinance 2004-14 adopted 12/6/04; Ordinance 2024-7 adopted 3/14/2024)
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 nondomestic
animals found running at-large (stray) within the city limits.
(Ordinance 2004-14 adopted 12/6/04; Ordinance 2024-7 adopted 3/14/2024)
(a)
All dogs and other animals (except cats) 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 ensure 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; Ordinance 2024-7 adopted 3/14/2024)
(a)
Unrestrained dogs 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)
Owner known impounded dogs and cats shall be kept for not fewer than
144 hours (six days).
(c)
Unowned impounded dogs, cats, other domestic animals, and livestock
shall be kept for not fewer than 72 hours (three days).
(d)
Animals-at-large 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 and is not microchipped 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; Ordinance
2024-7 adopted 3/14/2024)
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; Ordinance 2024-7 adopted 3/14/2024)
(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 nondomestic 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; Ordinance 2024-7 adopted 3/14/2024)
(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 as defined in this section, unless the tract
of land or lot has a minimum of 20,000 square feet of surface. This
area must be free of any items or materials that may pose a hazard
to the animal. 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'x
15') 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)
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');
(C)
Each animal shall have access to a sufficient supply of fresh,
clean water while in the tract of land or lot, the shelter area, or
tethered;
(D)
Stallions are not allowed within the city and there is to be
no breeding of horses, mules or jenny inside the city limits;
(E)
All animals that are to be kept via a permit will have all required
"Coggins" papers prior to being allowed inside the city limits;
(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; Ordinance
2024-7 adopted 3/14/2024)
(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.
(Ordinance 2004-14 adopted 12/6/04; Ordinance 2024-7 adopted 3/14/2024)
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; Ordinance 2024-7 adopted 3/14/2024)
Any small animal trap that is loaned to any citizen of the city
by the animal control department of the animal control department
[city] 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; Ordinance 2024-7 adopted 3/14/2024)
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; Ordinance 2024-7 adopted 3/14/2024)
(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/her duties.
(Ordinance 2004-14 adopted 12/6/04; Ordinance 2024-7 adopted 3/14/2024)
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; Ordinance 2024-7 adopted 3/14/2024)
(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.
(4)
The date vaccinated.
(5)
Rabies tag 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 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 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; Ordinance 2024-7 adopted 3/14/2024)
(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; Ordinance 2024-7 adopted 3/14/2024)
(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 state 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 state
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)
The owner of the animal to be quarantined may request permission
from the rabies control officer, which approval is in the discretion
of the rabies control officer, for home quarantine if the following
criteria can be met:
(1)
A secure enclosure must be available at the home of the animal's
owner, and must be approved by the rabies control officer.
(2)
The animal is currently vaccinated against rabies and possesses
a rabies vaccination certificate from the veterinarian administering
the vaccine.
(3)
The animal was not in violation of any laws or ordinances at
the time of the incident.
(4)
The bite or scratch incident was a provoked attack.
(5)
A licensed veterinarian must observe the animal at least on
the first and last days of the quarantine period. For the first observation,
the animal will be transported by the animal control officer to the
local veterinarian chosen by the owner, and then returned to the location
of the home quarantine by the animal control officer after the observation.
If the animal becomes ill during the home quarantine period, the veterinarian
and the rabies control officer must be notified by the person having
possession of the animal. At the end of the observation period the
owner shall transport the animal by direct route to the veterinarian
for the final observation. Both observations by the veterinarian may
be made at the location of the home quarantine if requested by the
owner or required by the rabies control officer. The release from
quarantine must be accomplished in writing.
(6)
The owner shall be responsible for paying all rabies observation
fees to the veterinarian.
(7)
It shall be unlawful to violate the provisions and conditions
of the home quarantine as required by the rabies control officer.
If the owner of the animal fails to abide by all provisions and conditions
required by the rabies control officer when the home quarantine was
granted and the animal is found in violation of such conditions, the
animal shall be immediately impounded and quarantined for the remainder
of the observation period at an approved veterinary facility at the
owner's expense.
(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; Ordinance 2024-7 adopted 3/14/2024)
(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; Ordinance 2024-7 adopted 3/14/2024)
