Town of Pantego, TX GENERAL PROVISIONS

§ 2.01.001 Intent.

The animal control regulations as herein established have been made for the purpose of promoting the health, safety, morals and general welfare of the town. This chapter contains standards regulating the use, type, location, maintenance, registration, confinement, destruction and harboring of certain animals. The intent of the regulations, prohibitions, and provisions is to protect property values within the town, to enhance the quality of life of persons, pets, and other animals and to protect the general public from damage and injury which may be caused by unregulated animals.

(Ordinance 97-12, sec. I (ch. 6.04), adopted 12/8/97)

§ 2.01.002 Definitions.

When used in this chapter, the following words and terms, unless the context indicates a different meaning, shall be interpreted as follows:

Abandon.

To fail to provide any animal with one (1) or more of the necessities of life including air, adequate food, potable water, sanitary conditions, or protection from the heat, cold, or other elements of nature for twenty-four (24) hours, or to leave in the custody of another person without their consent.

Animal.

Any living, vertebrate creature, domestic or wild, other than homo sapiens.

Animal care and control center.

The facility designated by the town for the purpose of impounding and caring for animals held under authority of this chapter.

Animal control division.

The municipal services department is designated by the town as the primary enforcement office of the town ordinances regulating animals and owners of animals and for the enforcement of sections of state statutes pertaining to the care and control of animals.

Animal control officer.

The person(s) designated by the city manager as the primary enforcement officer(s) of ordinances regulating animals and owners of animals and for the enforcement of sections of state statutes pertaining to the care and control of animals.

Animal establishment.

Any pet shop, kennel, grooming shop, auction, performing animal exhibition, or other facility engaged in the handling of domestic animals, excluding veterinary clinics, hospitals, animal shelters and individuals caring for animals in their private residence in compliance with the terms of this chapter.

Animal shelter.

A facility that keeps or legally impounds stray, homeless, abandoned, or unwanted animals.

Applicable fees.

Those reasonable charges incurred for the care and maintenance provided by the animal control division and or animal care and control center for impounded animals.

Cat.

A commonly domesticated member of the Felidae (feline) family, other than a lion, tiger, bobcat, jaguar, panther, leopard, cougar or other prohibited animal.

Coop.

A completely enclosed building or structure designed to keep fowl, or any structure approved by the town animal control division.

Dangerous animal.

A dangerous animal includes:

(1)

An animal that makes an unprovoked attack on a human, which causes bodily injury and occurs in a place other than an enclosure in which the animal was kept and that was reasonably certain to prevent the animal from leaving the enclosure on its own;

(2)

An animal that commits unprovoked acts in a place other than an enclosure in which the animal was being kept and that was reasonably certain to prevent the animal from leaving the enclosure on its own, and those acts cause a person reasonably to believe that the animal will attack and cause bodily injury to that person; or

(3)

An animal that makes an unprovoked attack on a domestic animal or poultry or fowl kept in a coop or shelter, and such attack occurs when the attacking animal is at-large. For purposes of this subsection only, the animal control officer or court may take under consideration any or all of the following circumstances to determine whether or not the attacking animal is dangerous:

(A)

The seriousness and/or extent of the injury to the attacked animal or fowl;

(B)

Territorial issues associated with the location of the attack; and

(C)

Restraints of the attacking animal which were in place at the time of, or immediately prior to, the attack.

(4)

The definition of a dangerous animal does not include a dangerous dog as addressed in article 2.06 of this chapter.

Dog.

A commonly domesticated member of the Canidae (canine) family, other than a wolf, jackal, fox, dingo, coyote, or other prohibited animals.

Domestic animal.

Any animal whose physiology has been determined or manipulated through selective breeding and that does not occur naturally in the wild, and any animal which can be vaccinated against rabies with an approved rabies vaccine, and any animal which has an established rabies quarantine observation period.

Estray.

Any stray horse, stallion, mare, gelding, filly, colt, mule, jenny, jack, jennet, hog, sheep, goat, exotic livestock, confined and domesticated hares and rabbits, emus, ostriches, rhea, exotic fowl, or any species of cattle.

Exotic species.

Any animal born or whose natural habitat is outside the continental United States, excluding pet animals as defined herein, nonvenomous reptiles and fish, inclusive of any species classified as exotic livestock by the state animal health commission.

Fowl.

Any bird wild or domestic.

Guard dog.

All dogs which are professionally trained and kept for the protection of persons and property, residential, commercial or personal.

Harboring.

The act of keeping and caring for a domestic animal or of providing premises to which the animal returns for food, shelter, or care for a period of ten (10) days or longer.

Impound.

To take an animal into custody by the town; impoundment shall begin at the time any animal (care and) control officer or police officer takes control of an animal either by hand, rope, trap, projectile or confinement to a vehicle.

Intact.

Any animal that has not been sterilized.

Kennel.

An establishment designed or used for the boarding, selling or breeding of animals where more than five (5) adult animals are to be boarded, sold or bred.

Livestock.

Means or includes, regardless of age, sex, or breed: horses, consisting of all equine species including mules, donkeys, and jackasses; cattle, consisting of all bovine species; sheep, consisting of all ovine species; llamas or alpacas; goats, consisting of all caprine species; rabbits; chickens; and pigs or hogs, consisting of all swine species.

Local rabies control authority.

The person designated by the city commission as the local health authority who has the duties as described in V.T.C.A., Health and Safety Code, sec. 826.017(c).

Nonregisterable dangerous dog.

Any dog which:

(1)

When unprovoked, severely attacked or inflicted serious injury or death to a person or domestic animal, whether on public or private property; or

(2)

Has been deemed nonregisterable by the animal control officer and upheld or unchallenged in the court of jurisdiction, as addressed in this chapter.

Owner.

Any person who has right of property in an animal, including a harborer.

Pet animal.

Includes dogs, cats (Felis domestica), rabbits, rodents, birds, nonvenomous reptiles, saltwater and/or freshwater aquarium type fish, and other species of animals which are sold or retained as a household pet, but excluding skunks, nonhuman primates, and any other species of wild, exotic, or carnivorous animal that is susceptible to rabies and cannot be vaccinated for rabies.

Poultry.

All domesticated fowl and all game birds which are legally kept in captivity, except those classified as exotic species as defined herein.

Prohibited animal.

Any animal, except birds kept in a cage or aviary that is not regulated by international, federal or state law, or common domestic species which include gerbils, hamsters, guinea pigs or laboratory mice or rats, and regardless of state or duration of captivity, that poses a potential physical or disease threat to the public or that is protected by international, federal or state regulations, including but not limited to the following:

(1)

Class aves.

Order Falconiforms (such as hawks, eagles, and vultures); subdivision Ratitae (such as ostriches, rheas, cassowaries, and emus); and order Strigiforms (such as owls);

(2)

Class mammalia.

Order Carnivora, family Felidae (such as cheetahs, ocelots, lions, margays, panthers, tigers, jaguars, leopards, and cougars), except commonly accepted domesticated cats; family Canidae (such as wolves, wolf-dog hybrids, dingos, coyotes, and jackals), except domesticated dogs; family Mustelidae (such as weasels, skunks, martens, mink, and badgers, with the exception that domestic ferrets are not prohibited); family Procyonidae (raccoon); family Ursidae (such as bears); order Marsupialia (such as kangaroos and common opossums); order Edentata (such as sloths, anteaters, and armadillos); order Proboscidea (elephants); order Primata (such as monkeys, chimpanzees, and gorillas); order Rodentia (such as porcupines); and order Ungulata (such as antelope, deer, bison, and camels);

(3)

Class reptilia.

Family Helodermatidea (venomous lizards); family Viperidae (rattlesnakes, copperheads, cottonmouths, other pit vipers and true vipers); family Elapidae (coral snakes, cobras, mambas, and other elapids); the following listed species of family Colubridae-Dispholidus typus (Boomslang), Hyrodynastes gigas (water cobra), Boiga (mangrove snake), and Thelotornis (African twig snake) only; order Phidia, family Boidae (racers, boas, water snakes, and pythons); and order Crocodilia (crocodiles, alligators, caimans, and gavials) and any giant reptile - which is any nonindigenous reptile that commonly reaches six feet or more in total length; and

(4)

Animals not listed.

The animal control officer may declare any species of animal not listed in this subsection as “prohibited” if the confinement of the animal within the town can be shown to constitute a threat to public health and safety.

Proper or secure enclosure (for a dangerous animal or registered dangerous dog).

A house or a building, or, in the case of a fence or structure/pen, the fence or structure/pen must be at least six (6) feet in height. The structure/pen must also have minimum dimensions of five (5) feet by ten (10) feet. The fence or structure/pen must form an enclosure suitable to prevent entry of young children, and must be locked and secured such that an animal cannot climb, dig, jump, or otherwise escape of its own volition. The enclosure shall be securely locked at all times. The structure/pen shall have secure sides to prevent the dangerous animal or registered dangerous dog from escaping from the enclosure. The structure/pen shall provide protection from the elements for the animal. The animal control officer may require a fence higher than six (6) feet or require a secure top and/or a secure bottom to the structure/pen if the need is demonstrated. This provision for a proper or secure enclosure shall not be construed to allow structures or fences where otherwise prohibited by statute or ordinance.

Quarantine.

To confine and isolate from human beings and other animals in a state-approved quarantine facility or in compliance with all stipulations or a home quarantine when allowed by the local rabies control authority. The quarantine period for a dog, cat, or domestic ferret for rabies observation is ten (10) days from the time of the bite, scratch, or other exposure or as specified by state law or rule.

Quarantine by owner.

(1)

The animal must be inside an enclosed structure, i.e., house or garage, or, if maintained outside, the animal must be behind a fence from which it cannot escape and on a chain from which it cannot break loose or inside a covered pen from which it cannot escape.

(2)

The animal must be kept away from other animals and people excepting those in the immediate household.

(3)

The animal may not be removed from the corporate town limits once quarantined unless otherwise provided by the animal control division.

(4)

The owner shall notify the animal control officer immediately if the animal becomes sick or displays any behavioral changes.

(5)

The owner shall not subject the animal to any medical procedure, including any vaccination, without first notifying the animal control officer.

(6)

The time period for a quarantine shall be for ten (10) days. During this time, the owner must comply with all requirements of this definition of quarantine.

Rabies.

An acute viral disease of man and animal affecting the central nervous system and often transmitted by an animal bite.

Rabies vaccination.

The vaccination of a dog, cat or other domestic animal with an anti-rabies vaccine approved by the department of state health services and administered by a veterinarian licensed by the state.

Registered dangerous dog.

Any dog registered with the town in compliance with chapter 822, Texas Health and Safety Code, subchapter D, and with the sections of this chapter addressing registered dangerous dogs.

Running at-large.

(1)

Off premises:

(A)

Any animal which is not restrained by means of a leash, chain, or other physical apparatus of sufficient strength and length to control the actions of such animal while off the premises of that animal’s owner or harborer.

(B)

An animal intruding upon the property of another person other than the owner’s shall be termed “at-large.”

(2)

On premises:

(A)

Any animal not confined to the premises of the owner by a substantial fence of sufficient strength and height to prevent the animal from escaping therefrom or secured on the premises by a chain or leash sufficient in strength to prevent the animal from escaping from the premises and so arranged that the animal will remain upon the premises when the leash is stretched to full length.

(B)

Any animal within a vehicle in a manner that would not prevent that animal’s escape or contact with other persons or animals.

Serious injury.

Bodily injury caused by an animal which produces severe pain, trauma, or loss of blood or tissue, and which requires medical treatment of wounds inflicted by the animal, and shall include bodily injury resulting from the victim, whether human or animal, attempting to escape or prevent contact with the injuring animal(s).

Service animal.

An animal that is individually trained to do work or perform tasks for the benefit of an individual with a disability or by the virtue of a natural aptitude or acquired ability is able to provide therapeutic treatment, mitigation, safety or rescue.

Severe attack.

One in which the animal repeatedly bites or vigorously shakes its victim, and the victim, or a person intervening, has extreme difficulty terminating the attack.

Severe bite.

A puncture or laceration made by an animal’s teeth which breaks the skin, resulting in a degree of trauma which would cause most prudent and reasonable people to seek medical care for treatment to the wound, without consideration of rabies prevention alone.

Sterilized.

An animal rendered incapable of reproducing.

Stray animal (including estray).

Any animal, for which there is no identifiable physical restraint exhibited by the owner or harborer, which is found to be at-large within the corporate limits of the town.

Theatrical exhibition.

Any exhibition or act featuring “performing animals.” Such exhibitions shall not include resident or nonresident dog and cat shows which are sponsored and/or sanctioned by the animal control division, the American Kennel Club, the United States Kennel Club, the Cat Fanciers Association, the American Cat Fanciers Association, the International Cat Fanciers Association or any affiliate thereof, nor shall it include any primary horse show.

Unprovoked.

With respect to an attack by an animal, shall mean that the animal was not hit, kicked, or struck by a person with an object or part of a person’s body; nor was any part of the animal’s body pulled, pinched, or squeezed by a person; nor was the animal subjected to excessive vocal abusive audible noise by a person; nor was that animal incited by another person’s animal.

Veterinarian.

Any practitioner of veterinary medicine licensed by the state to practice such in the state.

Wildlife.

Any animal which occurs naturally in a wild state and as determined by the state parks and wildlife department. This includes any animal which is part wildlife.

(Ordinance 97-12, sec. I (6.08.010–6.08.290), adopted 12/8/97; Ordinance 12-678, sec. 1, adopted 4/9/12; Ordinance adopting Code)

§ 2.01.003 Penalties.

(a)

General penalty.

Any person who violates any of the provisions of this chapter, other than sections 2.05.001, 2.05.002, 2.05.003, 2.05.004 and 2.05.005 or article 2.06, shall be guilty of a class C misdemeanor and upon conviction thereof shall be punished by a fine not to exceed five hundred dollars ($500.00) or the maximum allowed by state law, whichever is lower. Each day of violation shall constitute a separate offense.

(b)

Penalty for violation of animal care regulations.

Any person who violates sections 2.05.001, 2.05.002, 2.05.003, 2.05.004 and 2.05.005 shall be punished pursuant to the provisions of V.T.C.A., Penal Code, section 42.09.

(c)

Penalty for violation of dangerous dog regulations.

In addition to the civil penalty authorized in section 2.06.081(d), any person who violates any of the provisions of article 2.06 shall be guilty of a class C misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed two thousand dollars ($2,000.00) or the maximum allowed by state law, whichever is lower. Each day of violation shall constitute a separate offense.

(Ordinance 97-12, sec. I (6.48.010–6.48.030), adopted 12/8/97)

§ 2.01.004 Hilda Lee Shamburger fund for care of homeless animals.

(a)

All funds from the estate of Hilda Lee Shamburger, deceased, shall be deposited in and maintained as a restricted fund for the sole purposes of the humane treatment of all lost or abandoned dogs or cats found within the town limits, providing food, shelter, and necessary medical attention and vaccinations needed for such animals, and necessary equipment to insure humane treatment during the capture, control and temporary housing of any lost or abandoned animals within the town.

(b)

A multi-species animal control box shall be purchased with estate funds to safely house and transport animals lost or abandoned within the town. The box shall be equipped with fans and insulation and shall be a safe temporary shelter until the animal(s) are transported to a proper facility.

(c)

A local veterinarian shall be identified who will provide prompt and immediate medical care and housing for animals lost or abandoned within the town. All housing and medical services such as spaying/neuter, vaccinations, medications and other medical needs shall be paid from this fund within reasonable limits as determined by the town staff in consultation with the veterinarian.

(d)

Temporary housing costs at the designated animal control facility or veterinarian shall be paid from this fund until a permanent home is located for the animal.

(e)

Every effort shall be made to find a permanent home for any animal lost or abandoned within the town.

(f)

A foster home program shall be established within the town for the care of homeless animals found within the town.

(g)

The Hilda Lee Shamburger animal fund shall be invested prudently and with due regard to safeguarding the principal amount of such fund. The annual increase or yield from such fund, whether called interest, capital gain, increase, or yield, or some other such name or term, shall be available to pay for expenses contemplated by this section, whether such expenses be for purchase(s) of equipment, medical supplies or needs or temporary housing. Any excess of annual increase or yield over actual expenses shall be added to the principal of such fund.

(h)

Donations may be made to this fund, and if made, shall be a part of the fund and be governed by these guidelines.

(Ordinance 2005-10, secs. 1–8, adopted 12/12/05)

§ 2.01.005 Tampering with traps or equipment of animal control division.

No person shall remove, alter, damage or otherwise tamper with a trap or equipment belonging to/set out by the animal control division.

(Ordinance 97-12, sec. I (6.32.020), adopted 12/8/97)

§ 2.01.006 Authority to destroy injured or diseased animals.

The animal control division, or its authorized representative, is authorized to destroy any injured or diseased animal, whether such animal is on public or private property, and the recovery from such injuries or disease is in serious doubt, and only after a reasonable effort has been made to locate the owner of such animal.

(Ordinance 97-12, sec. I (6.32.030), adopted 12/8/97)

§ 2.01.007 Unattended estrays.

(a)

It shall be unlawful for any person, firm or corporation to allow an estray to be unattended upon any public street, alley, or thoroughfare or upon the property of another in the corporate town limits.

(b)

The person, firm or corporation having ownership or right to immediate control of such estray shall have the burden to keep such estray off the public streets, alleys, and thoroughfares or the property of another in the town.

(Ordinance 97-12, sec. I (6.20.010), adopted 12/8/97)

§ 2.01.008 Excessive occurrences of animal being at-large.

Any owner or harborer of any animal which has been found at-large by said division three times within a twelve-calendar-month period shall be given written notice from the animal control division stating that upon the next occurrence this animal may be captured and impounded.