It is the purpose of this article to promote and ensure the
protection of public health, safety, and general welfare by controlling
animal populations and related diseases through the enforcement of
state and local laws. Provisions of this article are designed to:
(1)
Provide
for the capture and housing of animals found at-large or abandoned.
(2)
Control
rabies by requiring vaccinations and investigating bite incidents.
(3)
Minimize
public nuisances caused by the animal population found within the
town limits.
(4)
Protect
the public and emergency service personnel from dangerous or vicious
animals.
(5)
Maintain
and promote an adoption program.
(Ordinance 2016-1017-01 adopted 10/17/16)
When used in this article, the following words and terms, unless
the context indicates a different meaning, shall be interpreted as
follows:
A warm-blooded animal, any living creature, including, but
not limited to: dogs, cats, cows, horses, birds, fish, mammals, reptiles,
insects, fowl and livestock, but specifically excluding human beings.
Any live or dead cat (Felis Cetus), excluding hybrids.
A dog that is a vicious animal as defined herein.
Any one of the following or a hybrid of any of the following:
lion, tiger, ocelot, cougar, leopard, cheetah, jaguar, bobcat, lynx,
serval, caracal, hyena, bear, coyote, jackal, baboon, chimpanzee,
orangutan, and gorilla.
Any domesticated animal that is a member of the canine family.
To cause the death of an animal by a method which:
Any offspring of two wild animals of different species or
the offspring of wild animals bred with domesticated dogs or cats.
Horses, mules, cows, hogs, pigs, potbellied pigs, goats and
sheep of any and all kinds and shall include both the male and female
gender of such animals.
The mayor, or his designee, is designated as the local animal
control authority and has authority to appoint representatives to
enforce the provisions of this article, to receive reports of animal
bites, investigate animal bites, ensure quarantine or possibly rabid
animals and otherwise carry out provisions of state law pertaining
to control and eradication of rabies.
Any person, firm or corporation who owns, harbors or keeps,
or causes or permits to be harbored or kept, an animal, or who permits
an animal to remain on or about his premises.
Any individual, firm, association, partnership or corporation.
Any peace officer or animal control officer of the town.
Not completely confined by a building, wall or fence of sufficient
strength or construction to restrain the animal, except when such
animal is either on a leash or held in the hands of the owner or keeper,
or under direct supervision of the owner within the limits of the
owner’s private property. An animal within an automobile or
other vehicle shall not be deemed “running at-large.”
As used herein, the term “fence” may include an electric
or invisible fence employing electrical shock to a device fixed to
the collar of an animal, if the system is sufficient to restrain the
animal.
A fenced area or structure that is:
Locked;
Capable of preventing the entry of the general public, including
children;
Capable of preventing the escape or release of a dog;
Clearly marked as containing a dangerous dog; and
In conformance with the requirements for enclosures established
by the local animal control authority.
An injury characterized by severe bite wounds or severe ripping
and tearing of muscle that would cause a reasonably prudent person
to seek treatment from a medical professional and would require hospitalization
without regard to whether the person actually sought medical treatment.
Any animal for which there is no identifiable owner.
To chain, tie, fasten, or otherwise secure an animal to a
fixed point so that it can move or range only within certain limits.
An injection with United States Department of Agriculture
approved rabies vaccine administered every 12 calendar months by a
licensed veterinarian.
A veterinarian licensed to practice veterinary medicine.
Any individual animal, including a dog, that:
Makes an unprovoked attack on a person that causes bodily injury
in a place other than an enclosure in which such animal was being
kept and that was reasonably certain to prevent such animal from leaving
the enclosure on its own; or
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 to reasonably believe that such animal will attack
and cause bodily injury to that person.
All types of animal which commonly exist in a natural unconfined
state and are usually not domesticated. This shall apply regardless
of the state or duration of captivity. Such animals shall include,
but are not limited to: skunks, raccoons, bats, weasels, squirrels,
opossums, lesser pandas, binturongs, wolves, hybrids of wolves and
canines, bears, elephants, rhinoceroses, foxes, alligators, crocodiles,
monkeys, ostriches, emus, prairie dogs, boas, pythons, anaconda, and
all forms of poisonous or constricting reptiles, and other like animals.
(Ordinance 2016-1017-01 adopted 10/17/16)
(a)
It
shall be unlawful for an owner or person who possesses, keeps or harbors
any dog or other animal other than a cat, to fail to keep such dog
or animal from running at-large, as defined herein, within the limits
of the town. Proof of a culpable mental state is not required to plead
or allege or for conviction of an offense under this section. It is
the intent of the town to dispense with the requirement of any culpable
mental state in prosecutions filed hereunder.
(b)
The
local animal control authority is authorized to impound such animals
running at-large.
(c)
The
use of a tether that is attached to a line between two points and
is positioned in such a manner as to prevent the animal from becoming
entangled with any obstruction, from partially or totally jumping
any fence, or leaving any part of its owner’s property, and
that is secured to the animal using a properly fitted collar or harness
shall be the only permissible means to tether the animal if said use
does not otherwise violate this section.
(d)
It
shall be unlawful for any person to tie or tether a dog or other animal
to a stationary object for a period of time or in a location so as
to create an unhealthy situation for the animal or potentially dangerous
situation for a pedestrian as determined by the animal control officer.
The term “unhealthy situation” shall include, but not
be limited to the following:
(1)
To tether any animal in such a manner as to permit the animal access
upon any public right-of-way;
(2)
To tether any animal in such a manner as to cause the animal injury
or pain or not to permit the animal to reach shelter, food and/or
water;
(3)
To tether any animal in such a manner as to permit the animal to
leave the owner’s property;
(4)
To use choke-type collars to tether any animal.
(e)
It
shall be unlawful to tether any animal in the front yard of residential
property. On corner lots, both sides shall be considered a front yard.
(Ordinance 2016-1017-01 adopted 10/17/16)
(a)
Required.
Every owner of a dog or cat four months of
age or older shall have such animal vaccinated against rabies. All
dogs or cats vaccinated at four months of age or older shall be revaccinated
at one year of age and every third anniversary date thereafter. Any
person moving into the town from a location outside of the town, and
who has not had such an animal vaccinated within three years, shall
comply with this article within ten days after having moved into the
town. If the dog or cat has inflicted a bite on any person, or another
animal, within the last ten days, the owner of said dog or cat shall
report such fact to a veterinarian and no rabies vaccine shall be
administered until after a ten-day observation period.
(b)
Certificate of vaccination.
Upon vaccination, the veterinarian
shall execute and furnish to the owner of the dog or cat, as evidence
thereof, a certificate upon a form furnished by the veterinarian.
The veterinarian shall retain a duplicate copy. Such certificate shall
contain the following information:
(c)
Proof.
It shall be unlawful for any person who owns
or harbors a vaccinated animal to fail or refuse to exhibit his copy
of the certificate of vaccination upon demand to any person charged
with the enforcement of this article.
(d)
Harboring unvaccinated animals.
It shall be unlawful
for any person to harbor any dog, cat or any other animal which has
not been vaccinated against rabies, as provided herein, or which cannot
be identified as having a current vaccination certificate.
(e)
Animals exposed to rabies.
Any person having knowledge
of the existence of any animal known to have been or reasonably believed
to have been exposed to rabies must immediately report such knowledge
to the local animal control authority or animal control or peace officer,
giving any information which may be required. For any animal known
to have been or reasonably believed to have been exposed to rabies,
the following is required:
(1)
Animals having current vaccination must be revaccinated immediately
and confined according to the method prescribed by the local animal
control authority for a period of less than 90 days.
(2)
Animals not having a current vaccination should be humanely euthanized.
However, if the owner of such animal elects, he may, at his expense
and in a manner prescribed by the local animal control authority,
confine said animal. Such animal must be vaccinated immediately following
exposure and quarantined for not less than six months. A revaccination
shall be done one month prior to release from quarantine.
(3)
Animals exposed to rabies may be humanely euthanized.
(Ordinance 2016-1017-01 adopted 10/17/16)
(a)
Any
person having knowledge of any animal bite or scratch to a human that
the person could reasonably foresee as capable of transmitting rabies
or of an animal that the person suspects is rabid shall report the
incident or animal to the local animal control authority. The report
shall include the name and address of any victim and of the owner
of the animal, if known, and any other data which may aid in the locating
of the victim or the animal.
(b)
The owner of an animal that is reported to be rabid or reported to have been exposed to rabies or that the owner knows or reasonably believes to be rabid or to have been exposed to rabies shall submit the animal for quarantine to the local animal control authority prescribed in section 2.01.006.
(c)
The
incident and animal shall be reported to the local animal control
authority, as soon as possible, but no later than 24 hours from the
time of the incident.
(d)
The
local animal control authority will investigate each bite incident,
utilizing standardized reporting forms provided by the Texas Department
of Health.
(Ordinance 2016-1017-01 adopted 10/17/16)
(a)
When
a dog or cat has bitten, or scratched a human, or when the local animal
control authority has probable cause to believe an animal is rabid,
the owner of such animal shall produce the animal for ten days’
confinement at the owner’s expense. Refusal to produce said
dog, cat or other animal constitutes a separate violation. The ten-day
observation period will begin on the day of the bite incident. The
animal must be placed in the animal control facilities specified for
this purpose, or any other facilities meeting the state requirements
or a facility as designated by the town.
(b)
The
owner of the animal may request permission from the local animal control
authority for home quarantine if the following criteria can be met:
(1)
Secure facilities must be available at the home of the animal’s
owner, and must be approved by the local animal control authority.
(2)
The animal was currently vaccinated against rabies.
(3)
The local animal control authority or a licensed veterinarian must
observe the animal at least on the first and last days of the quarantine
period. If the animal becomes ill during the observation period, the
local animal control authority must be notified by the person having
possession of the animal. At the end of the observation period, the
release from quarantine must be accomplished in writing.
(4)
The animal was not running at-large at the time of the bite.
(c)
If
the animal cannot be maintained in a secured quarantine it shall be
humanely destroyed and the brain submitted to a Texas Department of
Health certified laboratory for rabies diagnosis.
(d)
It
shall be unlawful for any person to interrupt the ten-day observation
period.
(e)
No
wild animal will be placed in quarantine. All wild animals involved
in biting incidents will be humanely euthanized in such manner that
the brain is not mutilated. The brain shall be submitted to a Texas
Department of Health certified laboratory for rabies diagnosis.
(f)
The
owner of an animal that is quarantined under this article shall pay
to the local animal control authority the reasonable costs of the
quarantine, care, treatment and disposition of the animal, and the
local animal control authority may sell and retain proceeds to keep,
maintain, or destroy the animal that the owner does not take possession
of on or before the third day following the final day of quarantine.
(Ordinance 2016-1017-01 adopted 10/17/16)
(a)
The
following are deemed public nuisances and are hereby declared to be
unlawful:
(1)
The keeping of any animal which causes loud and unusual or frequent
barking, howling or other noise that disturbs the peace and quiet
of any person of ordinary sensibility.
(2)
The keeping of any animal in such a manner as to endanger the public
health, to annoy neighbors by the accumulation of animal wastes which
cause foul and offensive odors, or is considered to be a hazard to
any other animal or human being.
(3)
The keeping of bees in such a manner as to deny the lawful use of
adjacent property or endanger any person’s health and welfare
or the keeping of any animal in such a manner so as to impair the
lawful use of adjacent property, public property, or to endanger a
person’s health and welfare.
(4)
The keeping of any animal pens, stables or enclosures and property
not kept free from carrion or any putrescible material.
(5)
It shall be unlawful and an offense for any person controlling to
permit, either willfully or through failure to exercise due care or
control, any dog or animal to defecate upon any private property other
than the premises of the owner, handler or controller of such animal.
It shall also be unlawful and an offense for any person to fail to
promptly remove and dispose of, in a sanitary manner, feces left by
a dog or cat or other animal being handled or controlled by that person
upon any property other than the premises of the owner of such animal.
(6)
The keeping of any house, building, business, lot, yard, pen, enclosure
or ground in which an animal is kept that is unsanitary or offensive
to a person of ordinary sensibility residing in the vicinity thereof,
or to the public at-large.
(7)
The keeping of livestock within fifty (50) feet of a residential
dwelling on adjacent property.
(8)
Owning, keeping or harboring more than three (3) dogs or cats, or
any combination thereof, on property of less than one (1) acre in
size. A person may own, keep or harbor no more than three dogs or
cats per acre.
(9)
The failure to construct and maintain fencing of sufficient size
and strength to securely confine the owner’s dog or livestock
on the property of the owner.
(b)
With
the exception of subsections (1) and (5) above, the local animal control
authority shall make such determination of public nuisance and shall
give notice to the owner to abate such condition. In the event such
condition is not abated within ten days of such notice, each day thereafter
a nuisance is not abated shall constitute a separate violation. A
certified letter, return receipt requested, to the owner shown on
the county town tax rolls at the address of such nuisance, shall constitute
proper notice.
(Ordinance 2016-1017-01 adopted 10/17/16)
(a)
A
justice court, county court, or municipal court shall order the animal
control authority to seize an animal and shall issue a warrant authorizing
the seizure:
(1)
On the sworn complaint of any person, including the county attorney,
the town attorney, or a peace officer, that the animal has caused
the death of or serious bodily injury to a person by attacking, biting,
or mauling the person; and
(2)
On a showing of probable cause to believe that the animal caused
the death of or serious bodily injury to the person as stated in the
complaint.
(b)
The
animal control authority shall seize the animal or order its seizure
and shall provide for the impoundment of the animal in secure and
humane conditions until the court orders the disposition of the animal.
(c)
Hearing.
(1)
The court shall set a time for a hearing to determine whether the
animal caused the death of or serious bodily injury to a person by
attacking, biting, or mauling the person. The hearing must be held
not later than the tenth day after the date on which the warrant is
issued.
(3)
Any interested party, including the town attorney, is entitled to
present evidence at the hearing.
(4)
The court shall order the animal destroyed if the court finds that
the animal caused the death of a person by attacking, biting, or mauling
the person. If that finding is not made, the court shall order the
animal released to:
(5)
The court may order the animal destroyed if the court finds that
the animal caused serious bodily injury to a person by attacking,
biting, or mauling the person. If that finding is not made, the court
shall order the animal released to:
(6)
The court may not order the animal destroyed if the court finds that
the animal caused the serious bodily injury to a person by attacking,
biting, or mauling the person and:
(A)
The animal was being used for the protection of a person or person’s
property, the attack, bite, or mauling occurred in an enclosure in
which the animal was being kept, and:
(B)
The animal was not being used for the protection of a person or person’s
property, the attack, bite, or mauling occurred in an enclosure in
which the animal was being kept, and the injured person was at least
eight years of age and was trespassing in the enclosure when the attack,
bite, or mauling occurred;
(C)
The attack, bite, or mauling occurred during an arrest or other action
of a peace officer while the peace officer was using the animal for
law enforcement purposes;
(D)
The animal was defending a person from an assault or person’s
property from damage or theft by the injured person; or
(E)
The injured person was younger than eight years of age, the attack,
bite, or mauling occurred in an enclosure in which the animal was
being kept, and the enclosure was reasonably certain to keep a person
younger than eight years of age from entering.
(d)
Destruction of animal.
The destruction of an animal
under this article must be performed by:
(e)
Provocation or location of attack irrelevant.
Except as provided by subsection (c)(6), this subsection applies to any animal that causes a person’s death or serious bodily injury by attacking, biting, or mauling the person, regardless of whether the animal was provoked and regardless of where the incident resulting in the person’s death or serious bodily injury occurred.
(Ordinance 2016-1017-01 adopted 10/17/16)
(a)
Requirements for owner of vicious animal.
(1)
Not later than the 30th day after a person learns that the person
is the owner of a vicious animal, the person shall:
(A)
Register the vicious animal with the animal control officer for the
town in which the animal is kept;
(B)
Restrain the vicious animal at all times on a leash in the immediate
control of a person or in a secure enclosure;
(C)
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 vicious animal causing bodily injury to a person
and provide proof of the required liability insurance coverage or
financial responsibility to the animal control authority for the area
in which the dog is kept; and
(2)
The owner of a vicious animal who does not comply with subsection (a) shall deliver the animal to the animal control authority not later than the 30th day after the owner learns that the animal is vicious.
(3)
If, on application of any person, a justice court, county court, or municipal court finds, after notice and hearing as provided by subsection (b) of this section, that the owner of a vicious animal has failed to comply with subsection (1) or (2) above, the court shall order the animal control authority to seize the animal and shall issue a warrant authorizing the seizure. The authority shall seize the animal or order its seizure and shall provide for the impoundment of the animal in secure and humane conditions.
(4)
The owner shall pay any cost or fee assessed by the municipality
or county related to the seizure, acceptance, impoundment, or destruction
of the animal. The governing body of the municipality may prescribe
by resolution the amount of the fees.
(5)
The court may order the animal control authority to humanely destroy the animal if the owner has not complied with subsection (1) before the 11th day after the date on which the animal is seized or delivered to the authority. The court shall order the authority to return the animal to the owner if the owner complies with subsection (1) before the 11th day after the date on which the animal is seized or delivered to the authority.
(6)
The court may order the humane destruction of a dog if the owner
of the animal has not been located before the 15th day after the seizure
and impoundment of the animal.
(7)
For purposes of this section, a person learns that the person is
the owner of a vicious animal when:
(A)
The owner knows of an attack described in this article;
(B)
The owner receives notice that a justice court, county court, or municipal court has found that the animal is a vicious animal under subsection (b) of this section; or
(C)
The owner is informed by the animal control authority that the animal
is a vicious animal under this article.
(b)
Determination that animal is vicious.
(1)
If a person reports an incident described by this article, the animal
control authority may investigate the incident. If, after receiving
the sworn statements of any witnesses, the animal control authority
determines the animal is a vicious animal, it shall notify the owner
of that fact.
(2)
An owner, not later than the 15th day after the date the owner is
notified that an animal owned by the owner is a vicious animal, may
appeal the determination of the animal control authority to the town’s
municipal court. An owner may appeal the decision of the municipal
court in the same manner as appeal for other cases from the justice,
county, or municipal court.
(Ordinance 2016-1017-01 adopted 10/17/16)
(a)
It
shall be unlawful for any person to keep or harbor any dangerous wild
animal within the town, except as authorized below.
(b)
A
permit for the keeping or harboring of wild animals may be obtained
from the local animal control authority for the following exceptions:
(1)
Animals being kept in a public zoo.
(2)
Wild animals being kept for the purpose of scientific research or
public or private primary or secondary schools.
(3)
Wild animals performing in an animal exhibition, rodeo, or circus,
of which the animal is an integral part, if the animal is restrained
from inflicting injury upon persons, property, or other animals and
adequate provisions are made for the care and protection of the animal.
(4)
A wild animal being kept as a pet provided the animal is not generally
considered by the representative of the local animal control authority
to be dangerous or predatory and does not pose a threat to the general
public or emergency service personnel.
(c)
It
shall be unlawful for any person to exhibit, possess or harbor a wild
animal within the town in the manner referred to herein without first
obtaining a permit.
(d)
Permit.
A permit, as authorized in this section, shall
be issued by the town secretary only after the local animal control
authority approves such a permit.
(e)
Fee for permit.
The fee for a permit as authorized herein
shall be as determined by resolution of the town council, and the
permit shall be valid for a designated period of time as established
by the local animal control authority. Prior to the renewal of any
permit, the local animal control authority shall review such application
and make a decision regarding the approval thereof.
(f)
It
shall be unlawful to release or allow to run at-large any wild animal.
(g)
Subsections (a) through (f) inclusive of this section shall not apply to a person, firm or corporation engaged in the commercial business of selling wild animals, as defined in this article, in an area properly zoned for such business and subject to the following requirements:
(1)
The seller must obtain a wild animal permit for each species being
sold (not each individual animal) through the local animal control
authority. If the permit is denied, the seller may appeal to the town
council for approval as provided herein.
(2)
The seller must receive all wild animal permits before animals can
be kept on premises of the seller.
(3)
The seller shall notify the purchaser in writing that it is necessary
to obtain a wild animal permit from the town in order to keep such
wild animal within the limits of the town.
(Ordinance 2016-1017-01 adopted 10/17/16)
(a)
In
the event an application for a permit, or the renewal of a permit,
is denied or granted by the local animal control authority, any person
aggrieved by the decision may appeal in writing within ten days after
the application is denied or granted.
(b)
The
decision of the local animal control authority will be considered
by an appeal committee consisting of the chief of police, the mayor,
and the town administrator. If the decision is upheld, any person
who disagrees with the decision of the appeal committee may file a
written appeal with the town secretary within seven days from the
date of the committee’s decision.
(c)
The
town secretary shall schedule a hearing of such appeal to the town
council at the next timely meeting of the town council. The failure
to timely file written notice of any appeal under this section is
sufficient to deny the appeal. The town council may either grant or
deny the permit based on the facts and circumstances. The decision
of the town council shall be final and binding.
(Ordinance 2016-1017-01 adopted 10/17/16)
(a)
The
following animals may be impounded:
(1)
Cats and dogs not exhibiting evidence of vaccination.
(2)
Any animal infected or kept under conditions which could endanger
the public or animal health.
(3)
Any animal that creates a nuisance as defined in this article.
(4)
Any animal running at-large.
(5)
Any animal treated in a manner determined to be in violation of section
42.09 of the Texas Penal Code.
(6)
Any animal that has bitten a human being or requires observation
for rabies determination, as determined by the local animal control
authority.
(7)
Any animal in violation of any provision of this article.
(b)
If
any animal is found upon the premises of any person, that person shall
have the right to confine such animal in a humane manner until the
local animal control authority can impound such animal. When so notified,
it shall be the duty of the local animal control authority to have
such animal impounded as herein provided.
(c)
Reasonable
effort shall be made by a local animal control authority to contact
the owner of any impounded animal bearing a current vaccination tag;
however, final responsibility for location of an impounded animal
is that of the owner.
(d)
The owner can regain possession of an impounded animal upon payment of impoundment fees, handling fees and any veterinarian bills incurred by the local animal control authority for the welfare of the animal, and upon compliance with the vaccination provisions of this code, except where prohibited in subsections (e) and (f) below.
(e)
Disposition
of animals impounded on the grounds of cruel and inhumane treatment
shall be determined by the municipal court, which shall have jurisdiction
to hear and adjudicate such matters.
(f)
If
any animal is being held under quarantine, the owner shall not be
entitled to possession until release from quarantine.
(g)
The
town shall select and establish a place for impounding all animals
impounded under any provision of this article.
(h)
Any
animal, except vicious or wild animals, not reclaimed by the owner
may be humanely euthanized after being impounded for a period of not
less than 72 hours, except that any animal wearing a current vaccination
tag shall be impounded for six days prior to its destruction. If the
owner of an animal fails to reclaim the animal following the minimum
impoundment period specified herein, ownership of the animal shall
be deemed forfeited by the owner and shall automatically vest in the
town. The local animal control authority may then dispose of the animal
in any manner deemed appropriate by the local animal control authority.
(i)
Any
impounded vicious or wild animal, unless there is reason to believe
that it has an owner, may be immediately disposed of as may be deemed
appropriate by the local animal control authority.
(j)
Any
nursing baby animal impounded without the mother, or where the mother
cannot or refuses to provide nutritious milk, may be immediately euthanized
to prevent further suffering.
(k)
Any
owner who no longer wishes responsibility for an animal, other than
an ill or injured animal, may sign a written waiver supplied by the
local animal control authority allowing the animal to be immediately
euthanized in a humane manner, provided that no dog or cat that has
bitten a human being shall be euthanized before the expiration of
the ten-day quarantine period. Ill or injured animals shall be the
responsibility of the owner.
(l)
Any
impounded animal that appears to be suffering from injury or illness
may be euthanized or given to a nonprofit humane organization for
the purpose of veterinarian medical care, as determined by the local
animal control authority.
(Ordinance 2016-1017-01 adopted 10/17/16)
(a)
Enforcement
of this article shall be the responsibility of the local animal control
authority, any peace officer, or any animal control officer of the
town.
(b)
The
local animal control authority, any peace officer, or any animal control
officer of the town shall have the authority to issue citations for
any violation of this article.
(c)
If
the person to be cited is not present, the local animal control authority,
any peace officer, or any animal control officer of the town may send
the citation to the alleged offender by certified mail.
(d)
It
shall be unlawful for any person to interfere with the local animal
control authority, or animal control officer in the performance of
his duties.
(e)
The
local animal control authority, any peace officer, or any animal control
officer of the town shall have the authority to humanely euthanize
or destroy any animal in accordance with the provisions of this article.
(f)
An
animal control officer or any peace officer shall have the authority
to use a tranquilizer gun in the lawful discharge of his duties.
(g)
The
provisions of this article shall not apply, and it shall be a defense
to the requirements set forth herein, if the animal is a dog owned
or used by and under the supervision of a law enforcement agency or
peace officer.
(Ordinance 2016-1017-01 adopted 10/17/16)
(a)
It
shall be an offense for any person to violate any provision of this
article. Any person violating any provision of this article shall,
upon conviction be punished by fine of not more than five hundred
dollars ($500.00), and each violation shall be deemed a separate offense.
(b)
Proof
of a culpable mental state is not required to plead an offense under
this article or for conviction of an offense hereunder. It is the
intent of the town to dispense with the requirement of any culpable
mental state in prosecutions filed hereunder.
(c)
The
remedies and penalties set forth in this article are cumulative and
nonexclusive, and the town or local animal control authority may pursue
any or all remedies provided hereunder or by law without waiving other
remedies or penalties.
(Ordinance 2016-1017-01 adopted 10/17/16)
