For the purpose of this article the following words, terms,
or phrases shall have the following respective meanings ascribed to
them:
Animal control officer.
The individual employed by the city with the primary authority
to oversee and administer the provisions of this article. The chief
of police or any police officer of the city are also designated animal
control officers.
At-large.
Any dog not confined within a fenced area or other enclosure
or not otherwise secured by a leash, lead, or other physical restraint.
City.
The City of Archer City, Texas.
Complaint.
A sworn statement of the animal control officer or any person
alleging a violation of this article or state law relative to the
regulation of dogs.
Dog.
A domesticated animal that is a member of the canine family.
New owner.
A person who is legally competent to enter into a binding
contract and who is purchasing or adopting an unclaimed dog from the
city.
Owner or keeper of a dog.
Any natural or juridical person possessing, harboring, keeping,
holding, caring for, having an interest in, or having control or custody
of a dog. If the owner or keeper of a dog is a minor, the parent or
guardian of that minor shall be responsible for compliance with this
article.
Purchasing or adopting.
The process of obtaining the right of possession of an unclaimed
dog from the city, whether or not a purchase price or other consideration
was paid.
Rabies tag.
A metallic tag, issued by a veterinarian, licensed to practice
veterinary medicine in the state, showing that the dog for which it
is issued has been vaccinated against rabies within the current calendar
year.
(Ordinance 182-E adopted 6/17/10; Ordinance 343 adopted 3/21/19)
(a) Any person in possession of a dog that is more than four (4) months old shall obtain a license from the city at a fee as provided for in Appendix
A to this code. No license refunds shall be given for any reason. A separate license is required for each dog and must be renewed annually during the month of April. No license shall be issued until the following requirements are met:
(1) The owner or keeper of the dog to be licensed must present a certificate
from a veterinarian, licensed to practice veterinary medicine in the
state, showing that such dog has been vaccinated against rabies during
the calendar year for which the license is sought;
(2) The owner or keeper of the dog to be licensed must pay the license
fee as stated above; and
(3) The owner or keeper of the dog to be licensed must complete a city
dog license application form stating the owner’s or keeper’s
name, address, and telephone number, along with the name, breed, color,
and sex of the dog to be licensed.
(b) Upon
completion of all requirements stated above, the city shall issue
to the owner or keeper a license tag for each dog so licensed. The
license tag shall have stamped thereon the year for which it was issued
and the number corresponding to the number of the license certificate.
Both the license tag and rabies tag shall be affixed to the dog’s
collar and shall be worn at all times by the dog.
(c) A
person commits an offense if he or she intentionally or with reckless
disregard transfers a license tag or rabies tag from the dog for which
such tag was issued to any other dog.
(Ordinance 182-E adopted 6/17/10)
(a) It shall be unlawful for owner or keeper of a dog to allow such animal to run at-large, as defined in section
2.02.001 of this article.
(b) Any
citizen shall have the right to file a complaint with the city for
violations of this section.
(c) An
owner or keeper of a dog running at large is in violation of this
article, whether or not such dog has been impounded.
(d) All
dogs are subject to impoundment. In addition to, or in lieu of, impounding
a dog at-large, an animal control officer may issue to the known owner
of such at-large dogs a citation, which will be forwarded to the city
judge for prosecution.
(Ordinance 182-E adopted 6/17/10; Ordinance 343 adopted 3/21/19)
(a) Any
dog found running at-large, whether or not such dog has been documented
running at-large, may be taken up by the city and placed in the city
impound shelter. Upon impoundment, an entry shall be made in the impoundment
registry showing the breed, color, and sex of the dog, along with
any information contained on the dog’s license tags. A copy
of the registry shall be placed on file at city hall and shall be
open to public inspection. The animal control officer shall provide
written notice to the owner or keeper of a dog if the owner or keeper
is known to the animal control officer or any police officer of the
city from personal knowledge or from a review of the city’s
dog licensing records. The notice shall:
(2) State that the dog has been impounded; and
(3) Advise the owner or keeper that if the dog is not redeemed within
7 days from the date the notice is sent by the owner or keeper of
the dog paying all applicable fees and licensing the dog (if the dog
does not have a current license) all in accordance with city regulations
then:
(A) The dog will become the property of the city; and
(B) Will be subject to sale, disposition or humane euthanasia in accordance
with this article.
The notice shall be delivered or sent not later than the business
day following the date on which the dog is impounded. This notice
will be delivered personally to the owner or keeper of the dog when
possible. If the owner or keeper of the dog cannot be located and
the address of the owner or keeper of the dog is known, then this
notice will be sent by certified mail, return receipt requested to
the owner or keeper of the dog.
(b) Dogs shall be held in the city impoundment shelter for a minimum of 7 days, for dogs, before becoming subject to disposition pursuant to section
2.02.005 of this article. No unlicensed dog shall be released from impoundment until a license is obtained from the city or the owner or keeper of the dog makes arrangements with the animal control officer to take the necessary steps to license the dog or remove the dog from the city within 10 days from the date it is redeemed.
(c) The fees and charges as provided in Appendix
A to this code shall be applied against any dog so impounded.
(Ordinance 182-E adopted 6/17/10)
(a) After
the time limit for impoundment as set forth in this article has expired,
the city may sell or give away to a new owner, or humanly euthanize,
any dog without further notice. Accurate records showing the disposition
of each dog shall be kept by the city.
(b) The
owner or keeper of any dog at the time it was impounded may, within
thirty (30) days from the date such dog was sold or given away, reclaim
and repossess the same from the new owner by reimbursing the new owner
for all expenses incurred in the purchase of the dog plus $1.00 per
day for each day the new owner had the dog in his or her possession.
In no event shall the new owner be held liable for spaying or neutering
the dog while in his or her possession. At the end of the thirty-day
period from the new owner’s date of purchase or adoption, the
right of the owner to reclaim the dog shall expire.
(Ordinance 182-E adopted 6/17/10)
(a) Dogs
that attack persons or that are a danger to persons or dangerous dogs
shall be regulated in the manner provided in subchapters A and D of
chapter 822 of the Texas Health and Safety Code. For purposes of this
article, the term “dangerous dog” shall have the meaning
assigned to it in that state statute.
(b) For
purposes of administering the provisions of subchapters A and D of
chapter 822 of the Texas Health and Safety Code the animal control
officer shall be the animal control authority and the court to which
appeals of the determination that a dog is dangerous by the animal
control authority (pursuant to Tex. Health And Safety Code, section
822.0421) may be taken is the city’s municipal court.
(Ordinance 182-E adopted 6/17/10)
Any dog that bites, scratches, or otherwise injures a person
shall be, upon complaint of the injured person, quarantined and held
for a period of ten (10) days at the owner’s or keeper’s
expense in any veterinary hospital or animal shelter approved by the
city. Prior to being redeemed by the owner or keeper, the quarantined
dog shall be examined by a veterinarian, licensed to practice veterinary
medicine in the state, or other rabies control specialist for rabies
or other communicable disease at the owner’s or keeper’s
expense.
(Ordinance 182-E adopted 6/17/10)
(a) Any
violation of the regulations established by this article shall constitute
an offense. Violation of any of the regulations established by this
article shall:
(1) Constitute a separate offense for each day any such violation continues;
and
(2) Shall constitute a separate violation or offense for each dog relative
to which a violation occurs.
(b) A
person found guilty of an offense established by this section shall
be guilty of a misdemeanor and may be assessed a fine of up to $500.00
and may be subject to other orders or conditions as are permitted
by applicable law. If a person found guilty of any violation of this
article has been previously found guilty of a violation of this article,
the fine for the subsequent violation of this article shall be in
an amount not less than twice the amount of the standard fine established
by the city, for the first violation, up to a maximum amount of $500.00.
(c) The
city attorney may require the payment of an administrative fee not
to exceed $20.00 upon the dismissal of any charges filed under this
article.
(Ordinance 182-E adopted 6/17/10)