It shall be unlawful to keep, own, harbor, have custody or control
of a dangerous wild animal within the corporate limits of the Town
of Double Oak, Texas, except at commercial establishments dealing
in the sale or handling of such animals, having proper zoning for
such commercial enterprises, having proper facilities for the care
and restraint of such animals, and meeting the requirements of this
chapter.
(Ordinance 03-003 adopted 4/7/03)
(a)
A person
may not own, harbor, or have custody or control of a dangerous wild
animal for any purpose unless the person holds a certificate of registration
for that animal issued by the local health authority.
(b)
An owner
of a commercial establishment dealing in the sale or handling of dangerous
wild animals may not own, harbor, or have custody or control of a
dangerous wild animal within the corporate limits of the town for
any purpose unless the person holds a certificate of registration
for that animal issued by the town animal control department.
(c)
A certificate
of registration issued under this chapter is not transferable and
is valid for one year after its date of issuance or renewal unless
revoked.
(d)
The fee
charged to an applicant shall be in accordance with the town’s
currently adopted fee schedule; provided however, that the fee may
not exceed $50 for each animal registered and may not exceed $500
for each person registering such animals, regardless of the number
of animals owned by the person. The fees collected shall be used only
to administer and enforce this chapter.
(Ordinance 03-003 adopted 4/7/03)
(a)
An applicant
for an original or renewal certificate of registration for a dangerous
wild animal shall file an application with the local health authority
on a form provided by the local health authority. The application
shall include:
(1)
The
name, address, and telephone number of the applicant;
(2)
A
complete identification of each animal, including species, sex, age,
if known, and any distinguishing marks or coloration that would aid
in the identification of the animal;
(3)
The
exact location where each animal is to be kept;
(4)
A
sworn statement that:
(A)
All information in the application is complete and accurate; and
(B)
The applicant has read this chapter and Subchapter E of Chapter 822,
Texas Health and Safety Code, and that all facilities used by the
applicant to confine or enclose the animal comply with the requirements
of that subchapter; and
(C)
Any other information the town in its capacity as the animal registration
agency may require.
(b)
An applicant
shall include with each application:
(1)
The
nonrefundable fee;
(2)
Proof,
in a form acceptable to the town, that the applicant has liability
insurance as required by this chapter;
(3)
A
color photograph of each animal being registered taken not earlier
than the 30th day before the date the application is filed;
(4)
A
photograph and a statement of the dimensions of the primary enclosure
in which each animal is to be kept and a scale diagram of the premises
where each animal will be kept, including the location of any perimeter
fencing and any residence on the premises; and
(5)
If
an applicant holds a Class “A” or Class “B”
dealer’s license or Class “C” exhibitor’s
license issued by the Secretary of Agriculture of the United States
under the Animal Welfare Act (U.S.C. Section 2131 et seq.) and its
subsequent amendments, a clear and legible photocopy of the license.
(Ordinance 03-003 adopted 4/7/03)
(a)
If the
town finds that an application for an original or renewal certificate
of registration under this chapter does not meet the requirements
specified herein, or after inspection that an applicant has not complied
with this chapter or Chapter 822 of the Health and Safety Code, the
town shall deny the applicant a certificate of registration and give
the applicant written notice of the denial and the reasons for the
denial.
(b)
If the
local health authority finds, after inspection, that a registered
owner provided false information in or in connection with the application
or has not complied with this chapter, the local health authority
shall revoke the certificate of registration and give the owner written
notice of the revocation and the reasons for the revocation.
(c)
A person
may appeal the denial of an original or renewal certificate of registration
or the revocation of a certificate of registration to the municipal
court of the town not later than the 15th day after the date the certificate
of registration is denied or revoked. Either party may appeal the
decision of the municipal court to a county court of proper jurisdiction
in Denton County. The decision of the county court shall be final
and may not be appealed.
(d)
Filing
an appeal of the denial or revocation of a certificate of registration
under this article stays the denial or revocation pending disposition
of the appeal.
(Ordinance 03-003 adopted 4/7/03)
(a)
A holder
of a certificate of registration shall prominently display the certificate
at the premises where each animal that is the subject of the certificate
of registration is kept.
(b)
Not later
than the 10th day after the date a person receives a certificate of
registration, the person shall file a clear and legible copy of the
certificate of registration with the Texas Department of Health.
(Ordinance 03-003 adopted 4/7/03)
A person is not required to obtain a certificate of registration
for a dangerous wild animal under this chapter before March 1, 2003.
(Ordinance 03-003 adopted 4/7/03)
An owner of a dangerous wild animal shall maintain liability
insurance coverage in an amount of not less than $100,000.00 for each
occurrence for liability for damages for destruction of or damage
to property and death or bodily injury to a person caused by the dangerous
wild animal.
(Ordinance 03-003 adopted 4/7/03)
An owner of a dangerous wild animal, at all reasonable times,
shall allow the local health authority or a licensed veterinarian
designated by the local health authority to enter the premises where
the animal is kept and to inspect the animal, the primary enclosure
for the animal, and the owner’s records relating to the animal
to ensure compliance with this article.
(Ordinance 03-003 adopted 4/7/03)
(a)
An owner
of a dangerous wild animal may not permanently relocate the animal
unless the owner first notifies the local health authority in writing
of the exact location to which the animal will be relocated and provides
the local health authority, with respect to the new location, the
information required by Article 2.2302 of this article.
(b)
Within
ten (10) days after the death, sale, or other disposition of the animal,
the owner of the animal shall notify the local health authority in
writing of the death, sale, or other disposition.
(Ordinance 03-003 adopted 4/7/03)
(a)
An owner
of a dangerous wild animal shall notify the local health authority
of any attack of a human by the animal within 24 hours of the attack.
(b)
An owner
of a dangerous wild animal shall immediately notify the local health
department and town police department of any escape of the animal.
(c)
An owner
of a dangerous wild animal that escapes is liable for all costs incurred
in apprehending and confining the animal.
(d)
The local
health authority is not liable to an owner of a dangerous wild animal
for damages arising in connection with the escape of a dangerous wild
animal, including liability for damage, injury, or death caused by
the animal during or after the animal’s escape, or for injury
to or death of the animal as a result of apprehension or confinement
of the animal after escape.
(Ordinance 03-003 adopted 4/7/03)
(a)
For each
dangerous wild animal, the owner shall comply with all applicable
standards of the Animal Welfare Act (7 U.S.C. Section 2131 et seq.)
and its subsequent amendments and the regulations adopted under that
act relating to:
(b)
An owner
of a dangerous wild animal shall maintain a separate written log for
each dangerous wild animal documenting the animal’s veterinary
care and shall make the log available to the local health authority
on request.
(d)
When
transporting a dangerous wild animal, the owner of the animal, or
a designated carrier or intermediate handler of the animal, shall
comply with all transportation standards that apply to that animal
under the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its
subsequent amendments and the regulations adopted under that act.
(e)
A person
is exempt from the requirements of this article if the person is caring
for, treating, or transporting an animal for which the person holds
a Class “A” or Class “B” Dealer’s license
or a Class “C” Exhibitor’s license issued by the
Secretary of Agriculture of the United States under the Animal Welfare
Act (7 U.S.C. Section 2131 et seq.) and its subsequent amendments.
(Ordinance 03-003 adopted 4/7/03)
A person commits an offense if the person knowingly sells or
otherwise transfers ownership of a dangerous wild animal to a person
who does not have a certificate of registration for that animal as
required by this article.
(Ordinance 03-003 adopted 4/7/03)
(a)
A person
commits an offense punishable upon conviction by a fine in accordance
with the general penalty provision found in Section 1.109 of this
code for each offense if the person violates Sections 2.2301, 2.2302,
2.2303(a), 2.2305, 2.2307, 2.2308, 2.2309, 2.2310, 2.2311(b), or 2.2312
of this chapter. Each animal with respect to which there is a violation
and each day that a violation occurs or continues is a separate offense.
(b)
A person
commits an offense if the person knowingly sells or otherwise transfers
ownership of a dangerous wild animal to a person who does not have
a certificate of registration for that animal as required by this
chapter.
(Ordinance 03-003 adopted 4/7/03)
(a)
A person
who violates Section 2.2303(a) of this article is liable for a civil
penalty of not less than $200.00 and not more than $2,000.00 for each
animal with respect to which there is a violation and for each day
the violation continues.
(b)
The town
may sue to collect a civil penalty and retain the civil penalty collected.
(c)
The town
may also recover the reasonable costs of investigation, reasonable
attorney’s fees, and reasonable expert witness fees incurred
by the town in the civil action. Costs or fees recovered under this
subsection shall be credited to the operating account from which payment
for the town’s expenditures was made.
(Ordinance 03-003 adopted 4/7/03)
The provisions of this article relating to dangerous wild animals
do not apply to:
(1)
A county,
municipality, or agency of the state or an agency of the United States
or an agent or official of a county, municipality, or agency acting
in an official capacity;
(2)
A research
facility, as that term is defined by Section 2(e), Animal Welfare
Act (7 U.S.C. Section 2132), and its subsequent amendments, that is
licensed by the Secretary of Agriculture of the United States under
that act;
(3)
An organization
that is an accredited member of the American Zoo and Aquarium Association;
(4)
An injured,
infirm, orphaned, or abandoned dangerous wild animal while being transported
for care or treatment;
(5)
An injured,
infirm, orphaned, or abandoned dangerous wild animal while being rehabilitated,
treated, or cared for by a licensed veterinarian, an incorporated
humane society or animal shelter, or a person who holds a rehabilitation
permit issued under Subchapter C, Chapter 43, Parks and Wildlife Code;
(6)
A dangerous
wild animal owned by and in the custody and control of a transient
circus company that is not based in the State of Texas if:
(7)
a dangerous
wild animal while in the temporary custody or control of a television
or motion picture production company during the filming of a television
or motion picture production;
(8)
a dangerous
wild animal owned by and in the possession, custody, or control of
a college or university solely as a mascot for the college or university;
(9)
a dangerous
wild animal while being transported in interstate commerce through
the state in compliance with the Animal Welfare Act (7 U.S.C. Section
2131 et seq.) and its subsequent amendments and the regulations adopted
under that Act;
(10)
a non-human
primate owned by and in the control and custody of a person whose
only business is supplying non-human primates directly and exclusively
to biomedical research facilities and who holds a Class “A”
or Class “B” dealer’s license issued by the Secretary
of Agriculture of the United States under the Animal Welfare Act (7
U.S.C. Section 2131 et seq.) and its subsequent amendments; and
(Ordinance 03-003 adopted 4/7/03)
