City of Smithville, TX DANGEROUS, WILD AND EXOTIC ANIMALS

Generally.

No person may possess a venomous reptile, nonvenomous reptile over six feet in length, alligator, crocodile, elephant, rhinoceros, skunk, raccoon, fox, coyote, bat, wolf or any hybrid of these animals or such other class of animals as may be determined to be dangerous by animal control or any other dangerous animal which may be added in the future to the list as a high-risk animal in the Texas Rabies Control Act, as amended.

Exception.

When nonvenomous reptiles, not to exceed 12 feet in length, are kept for the purposes of wholesale breeding operations only, they shall be kept in accordance with section 2.08.003(b).

§ 2.08.003 Restricted animals.

Permit required.

No person may possess any individual species and/or subspecies of the following animals: antelope, lions, tigers, ocelots, cougars, leopards, cheetahs, boars, hyenas, bears, lesser pandas, ferrets from natural habitats, binturong, ostriches, emus, miniature pigs, Vietnamese potbelly pigs, apes, or such other nondomestic species of animal not common to this area, without a permit issued through the animal control department.

Issuance of permit; conditions.

Application for permit.

The owner must apply for such permit annually with the animal control officer, and provide the following information and documentation:

(A)

A health certificate from a licensed veterinarian stating that the animal is free from symptoms of infectious disease or is under treatment. A new health certificate is required each time the permit is renewed. A copy will remain with the animal control officer;

(B)

Copies of applicable state or federal permits or licenses as required by either of those entities for the keeping of the particular animal in question. These copies will be retained by the animal control officer;

(C)

Information relating to the owner, including emergency telephone numbers and telephone numbers for their veterinarian in case of emergencies;

(D)

Present proof of liability insurance or financial responsibility in the amount of $100,000.00 to cover the damages resulting from an escape and/or attack by the animal to be permitted. Animals requiring $100,000.00 of liability insurance or financial responsibility include but will not be limited to lions, tigers, ocelots, cougars, jaguars, pandas, ostriches, apes, emus, binturong, miniature pigs, and Vietnamese pigs;

(E)

Agree to allow reasonable access for inspection by the animal control officer or other designated authority;

(F)

Documentation of compliance with all other applicable city ordinances.

Inspection of facility; conditions.

Before a permit is issued the animal control officer or other designated authority shall inspect the facility where the animal is to be kept, which must meet the following criteria:

(A)

Each enclosure must provide adequate exercise area and sleeping quarters;

(B)

Proper temperature control and ventilation for the particular species must be provided in both areas;

(C)

Each enclosure must be kept locked and designed so that no one can enter or place appendages in the enclosure;

(D)

Each enclosure must be as to prevent the animal from escaping;

(E)

Each enclosure must be kept in good repair to prevent both escape and injury to the animal;

(F)

Each enclosure must have a water container which is secured so as to prevent its being overturned;

(G)

Each enclosure must be cleaned daily;

(H)

Pay required fees.

Animals kept as pet in residence.

Owners keeping permitted restricted animals as pets inside their residence are not required to provide for the requirements of subsections (b)(2)(A) through (G) of this section, except there must be separate sleeping. The animal(s) must remain in the owner’s home or in the prescribed enclosure if outdoors. If transported to the veterinarian, the animal must be kept in an escape-proof cage previously approved by the animal control officer.

(4)

Food and water.

Each animal must be provided with continuous clean water and must be fed a diet approved by a licensed veterinarian.

(5)

Bites or scratches.

Any animal which has bitten or scratched someone must be immediately surrendered to the animal control officer for euthanasia and testing by the department of state health services. A live test approved by the department of state health services may be substituted for euthanasia.

(6)

Fee; wearing of tag.

The fee for a restricted animal permit shall expire one year from the date of issue and shall not be transferable. A city license [tag] will be issued and must be worn at all times by the animal.

Violation of permit requirements.

Failure to comply with the permit requirement shall constitute a violation of this article, and each day of noncompliance shall constitute a separate offense.

§ 2.08.004 Exceptions.

This article does not apply to:

Zoological parks accredited by the American Association of Zoological Parks and Aquariums;

Federally licensed research institutions;

Any government agency or its employee who uses the animals for an agency related education, propagation, or behavior program;

(4)

Anyone holding a valid rehabilitation permit from the state parks and wildlife department, but only for animals which are in rehabilitation and scheduled to be released to the wild.

§ 2.08.005 through § 2.08.030. (Reserved)

Division 2 Dangerous Dogs

§ 2.08.031 Criteria.

This designation shall refer to a dog determined dangerous under this article of the city Code of Ordinances and in compliance with state law and that meets any of the following criteria:

Any dog which, when unprovoked, chases or approaches a person upon the streets, sidewalks or any public or private property in an apparent attitude of attack such that the person reasonably believes that the animal will cause physical injury to the person;

Any dog that commits an unprovoked act in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own and the act causes a person to reasonably believe that the dog will attack and cause bodily injury to that person; or

Any animal that has killed or seriously injured domestic animals without provocation while off the owner’s property.

§ 2.08.032 Notice of declaration of dangerous dog.

Within 3 working days of determining a dog a dangerous dog, if written notification cannot be given personally to the owner of the dog, the animal control officer will notify, by certified mail, return receipt requested, the person owning the animal of its designation as a dangerous dog.

If the dog is determined to be dangerous under this article, the notice shall inform the owner of the dog that he/she may appeal the determination to municipal court no later than 10 days after the date the owner is notified of the determination. Failure to appeal the determination of dangerous dog within the 10-day period shall result in the animal control officer’s determination as final.

Upon determination by the animal control officer that the dog is dangerous, the owners shall be required to secure the animal immediately within an enclosure that meets the requirements of the animal control officer. If the owner fails to do so, the animal control officer shall be authorized to impound the dog until such enclosure is provided, and the owner will pay any fees due for such impoundment.

§ 2.08.033 Registration; requirements for owner.

The owner of a dangerous dog must register the dog with the animal control officer, and pay the fee as required by state law and this code. The registration shall not be transferable and shall expire one year from the date of issuance. The animal control officer shall provide to the owner of the dangerous dog a tag, which must be placed on the dog’s collar and worn at all times.

The owner must comply with the following to register the dog:

Present proof of liability insurance or financial responsibility in the amount of at least $100,000.00 to cover damages resulting from an attack by the dangerous dog which causes bodily injury to a person;

Present proof of current rabies vaccination of the dangerous dog;

The owner must provide a proper enclosure, which must be a fenced area or structure that is locked, capable of preventing the entry of the general public, capable of preventing the escape or release of the dog, and clearly marked as containing a “dangerous dog”;

(4)

The owner shall post a sign on his/her premises warning that there is a dangerous dog on the property. This sign shall be visible and capable of being read from the public street or highway. In addition, the owner shall conspicuously display a sign with a symbol warning, understandable by small children.

When the dangerous dog is taken outside the approved proper enclosure, the animal must be securely muzzled in a manner that shall prevent it from biting a person or other animal, and the dog must be restrained by a chain or leash not to exceed six feet in length.

(d)

Prior to selling or inviting the dangerous dog either inside or outside the city limits, the owner must notify the animal control officer of his/her intentions. In the event the dog is moved permanently outside the city limits the owner must comply with the state law in notifying the animal control authority in control of the area into which the dog has been moved.

(e)

Anyone bringing a dog into the city limits that has been declared dangerous by another animal control authority must notify the animal control officer of the new address where the dog will be kept and upon presentation of the dog’s prior registration tag that has not expired. [sic] This owner must also comply with all requirements set out in this chapter.

§ 2.08.034 Notification of attack by dangerous dog.

The owner of a dangerous dog shall notify the animal control officer of any attack the dog makes on people or animals.

§ 2.08.035 Violations.

It shall be a violation of this code if the person is the owner of a registered dangerous dog and the dog makes an unprovoked attack on another person outside the dog’s proper enclosure and causes bodily injury to the other person whether or not the dog was on a leash and securely muzzled or whether or not the dog escaped without fault of the owner.

It shall be a violation of this code if the person is the owner of a registered dangerous dog and that dog kills or wounds a domestic animal while outside the dog’s proper enclosure whether or not the dog was on a leash and securely muzzled or whether or not the dog escaped without fault of the owner.