Chapter 4 Animals

Not tame or gentle, but is of a wild nature or disposition and which, because of its size, nature, or other characteristics, would constitute a danger to human life or property if it were not kept or maintained in a safe manner or in secure quarters; or

A "dangerous dog" as that term is defined by V.T.C.A., Health and Safety Code section 822.041, as amended.

Direct physical control.

Control by leash, cord, chain, or other similar means of physical restraint of a maximum length of 25 feet when the animal is off the premises of its owner or within an enclosure adequately constructed and maintained to ensure continuous physical restraint.

Dog.

Each and every domestic mammal of the canine species, regardless of age or sex.

Domestic animal.

Includes dogs, cats, domesticated horses, fowl, confined hares and rabbits, and other birds and animals raised and/or maintained in confinement, any animal whose physiology has been determined or manipulated through selective breeding and that does not occur naturally in the wild, any animal that can be vaccinated against rabies with an approved rabies vaccine, and/or any animal which has an established rabies quarantine observation period.

Eartipping.

The removal of the distal one-quarter of a community cat's left ear, which is approximately 3/8-inch, or 1 cm, in an adult and proportionally smaller in a kitten. This procedure is performed under sterile conditions while the cat is under anesthesia, in compliance with any applicable federal or state law, and under the supervision of a licensed veterinarian. Eartips are designed to identify a community cat as being sterilized and lawfully vaccinated for rabies.

Estray.

Includes, but is not limited to, any stray horse, stallion, mare, gelding, filly, colt, mule, jenny, jack, jennet, hog, sheep, and goat, normally confined and domesticated hares and rabbits, and any species of cattle, as well as other animals that are generally found in agricultural habitats.

Exotic species.

Monkeys, alligators, crocodiles, poisonous snakes, reptiles, or birds, born or whose natural habitat is considered to be outside the continental United States, including nonvenomous reptiles, or any other animal (other than domestic cats and dogs) that would require a standard of care and control greater than that required for customary household pets sold by commercial pet shops or domestic farm animals generally found in agricultural habitats.

Harboring.

The act of keeping and caring for an animal or of providing premises to which the animal returns for food, shelter, or care for a period of three days or longer.

Keep.

To retain on the premises by any means; to harbor, control, own, or have custody or possession of an animal for a period of three (3) days or longer.

Maintain.

To feed, shelter, protect, provide for and/or bear expense of.

Microchip implant.

A passive electronic device that is injected into an animal by means of a hypodermic-type syringe device. Each microchip shall contain a unique and original number that is read by an electronic scanning device for the purposes of animal identification and recovery by the animal's owners.

Owner.

Any person, corporation, or entity having temporary or permanent custody of owning, keeping, sheltering, in charge of controlling, maintaining, having property rights to, or harboring one or more animals covered by this chapter. The temporary feeding of a pet at the pet owner's request while the owner is unable to feed such pet does not cause the individual temporarily feeding the pet to become an owner for purposes of this definition.

Permit.

A printed or written certificate issued by the designated representative of the city authorizing the holder to operate a commercial animal establishment within the corporate limits of the city.

Poultry/fowl.

All domesticated poultry and fowl; and

All game/undomesticated poultry, fowl and birds that are kept in captivity, but excluding poultry, fowl and birds that are protected animals, as that term is defined herein.

Prohibited animals.

Any or all animals, including but not limited to venomous reptiles, nonvenomous reptiles over six feet (6') in length, alligators, crocodiles, caimans, elephants, rhinoceroses, skunks, raccoons, nonhuman primates, foxes, coyotes, bats, wolves, bears, or any hybrid of these listed animals. Any individual species and/or subspecies of the following animals: antelope, lions, tigers, ocelots, cougars, leopards, cheetahs, jaguars, hyenas, bears, bobcats, lesser pandas, ferrets born in natural habitats, binturong, ostriches, emus, miniature pigs, apes, llamas, alpacas or such other nondomestic species of animal not common to this area are also a prohibited animal for purposes of this chapter.

Protected animals.

Any poultry, fowl, or birds that are harbored in any city park or park area.

Public nuisance.

Includes any animal that:

Molests passersby or passing vehicles;

Acts in a threatening manner in any location other than the property of its owner toward any person other than its owner;

Attacks or chases another animal, other than on the property of the animal's owner or custodian;

Causes trash or garbage to be removed from a trash or garbage container;

Defecates on public property or on the property of a person other than the animal's owner;

Trespasses on school grounds;

Is at-large, other than a community cat;

Damages public property or private property other than the property of the animal's owner;

(9)

Causes an odor that is offensive to a person of ordinary sensibilities and tastes and that is detectable across the property line of the owner; or

(10)

Continually barks, howls, or makes other noises that are disturbing and/or offensive to a person of ordinary sensibility and that are detectable across the property line of the owner.

(11)

A community cat could be considered a public nuisance at the discretion of the animal control officer based on consideration of the above factors, other than (7).

Quarantine.

A period of ten (10) days, which time is generally used for observation of a domestic pet or other animal to determine the health status of that animal in relation to the rabies virus.

Quarantine by owner.

Quarantine by an animal owner, with the permission of the city, under the following conditions:

The animal must have a current rabies vaccination and be registered with the city.

The animal must either be inside a secure enclosed structure, i.e., house or garage, and must remain there for a minimum of ten (10) days; or if the animal is maintained outside, it must be contained within an enclosure from which it cannot escape (e.g., either a fenced area, or inside a covered pen or kennel from which it cannot escape).

The animal must be kept away from any other animal(s) and all people, except those who must care for it during its quarantine period.

The animal may not be removed from the municipal limits of the city while under quarantine, except if the removal is done by an authorized state, county or local official, or by the owner for the purpose of veterinary examination as required in paragraph (7).

The owner shall notify animal control officer and/or the police department immediately if the quarantined animal becomes sick or displays any behavioral changes.

The owner shall not subject the quarantined animal to any medical procedure(s) during the quarantine period without first notifying the animal control department. This includes providing the quarantined animal, with any vaccination(s).

The quarantined animal must be examined by a licensed veterinarian, by no later than the close of business on the first day of home quarantine, and again on the final day of quarantine. The veterinarian shall be informed of the animal's quarantine status. The owner shall be responsible for producing proof of the required veterinarian examinations of any quarantined animal in compliance with this code.

Registered dangerous dog.

No animal that is at-large or unleashed at the time of exposure related to the rabies virus may be quarantined by owner. Rather, such animals must be quarantined by the city or its designee(s).

(9)

The owner must allow the city's animal services department, after giving reasonable notice, to view and confirm the health of the animal during the home quarantine period.

Rabies vaccination.

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

A dog that has been determined to meet the criteria of being a dangerous dog as per section 4-10 of this code, and/or state law, as amended from time-to-time, and after such dogs have been registered, by obtaining a city registration, pursuant to section 4-10 of this code.

Restraint.

The securing of any dog or cat by a leash, cord, chain or other similar means while the owner or custodian is in direct physical control.

The dog or cat is confined by an adequately constructed and properly maintained fenced area or structure within the real property limits of its owner. The fence or structure must be a minimum of 150 square feet, per animal, in size. Shade, clean shelter, adequate food and clean water are required at all times.

A dog or cat may be restrained by a properly maintained wireless electronic device; provided, however, that the owner of the wireless electronic device shall place signage on the property that is clearly readable from the adjacent street and that reads: "Electronic pet fence in use."

Secure enclosure.

A fenced area or structure that is:

Locked;

Capable of preventing the release or escape of an animal;

Capable of preventing the entry of the general public, including children;

Tall enough or covered so that the animal cannot climb out; and

Stray animal (including estrays).

Has a perimeter structure that prevents the animal from digging out or going under the side fence or wall.

Serious injury.

Includes, but is not limited to, bodily injury resulting from severe attack or severe bite from an animal that produces severe pain, trauma, or loss of blood or tissue, and that would cause most prudent and reasonable people to seek medical care for treatment for the injury.

Service animal.

Any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not considered service animals.

Severe attack.

Includes, but is not limited to, an attack in which the animal repeatedly bites, scratches, or vigorously shakes its victim and the victim, or a person intervening, has extreme difficulty terminating the attack.

Severe bite.

A puncture, scratch, or laceration made by an animal's teeth, that 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.

Sterilization.

The surgical removal of the reproductive organs of an animal or the use of nonsurgical methods and technologies approved by the United States Food and Drug Administration or the United States Department of Agriculture to permanently render the animal unable to reproduce.

Any animal, for which there is no identifiable owner or harborer, that is found to be at-large within the corporate limits of the city.

Trap-neuter-return.

The process of humanely trapping, sterilizing, vaccinating for rabies, eartipping, and returning a community cat to its original location. It may also include trapping and providing medical care to a community cat.

Unlawful restraint.

The meaning prescribed by V.T.C.A., Health and Safety Code ch. 821, subsection D.

Vaccination.

Rabies vaccination, or other vaccinations required by law, for an animal or animals.

Veterinarian.

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

Wild animal.

Any live monkey, deer, nonhuman primate, raccoon, skunk, fox, leopard, panther, tiger, lion, lynx or any other warm-blooded animal that can normally be found in the wild state. The term "wild animal" does not include: domestic dogs (excluding hybrids with wolves, coyotes or jackals), domestic cats (excluding hybrids with ocelots or margays), farm or agricultural animals, and captive-bred species of common cage birds and rodents.

Wild bird.

A bird that normally lives in a state of nature and is not ordinarily domesticated, but specifically does not include pigeons, English sparrows, European starlings, grackles, ravens, red-winged blackbirds, blackbirds, cowbirds, feral rock doves or crows.

(Ordinance 590, sec. III, adopted 7/10/12; Ordinance 740 adopted 9/11/18; Ordinance 856 adopted 3/26/2024)

§ 4-2 Penalty.

Any person found to be violating this chapter is guilty of a misdemeanor and, upon conviction, is subject to a fine as provided by section 1-10 of this code.

§ 4-3 Adoption of the Rabies Control Act of 1981.

Any person found guilty of committing more than three violations of the provisions of this chapter within 12 consecutive months of the first violation, is subject to having that person’s license to own, keep, harbor or have custody of any dog or cat revoked immediately, that person’s ownership of any dog or cat escheated to the city, the dogs or cats disposed of in a humane manner, and no new or other license shall be issued to that person for a period of one year.

(Ordinance 590, sec. XVI, adopted 7/10/12; Ordinance 619, sec. II(A), adopted 9/10/13; Ordinance 740 adopted 9/11/18)

The city hereby adopts the Rabies Control Act of 1981, V.T.C.A., Health and Safety Code ch. 826, as amended, and adopts the standards and regulations adopted and incorporated into this chapter as minimum standards; provided, however, that to the extent that this chapter provides standards that are compatible with those standards and are equal to or more stringent than the act or the standards and regulations adopted by the state board of health, this chapter prevails over the act and the standards and regulations.

(Ordinance 590, sec. IV, adopted 7/10/12; Ordinance 740 adopted 9/11/18)

§ 4-4 Local health authority.

For purposes of the Rabies Control Act of 1981, V.T.C.A., Health and Safety Code ch. 826, as amended, the animal control officer of the city is designated as the local health authority.

(Ordinance 590, sec. V, adopted 7/10/12; Ordinance 740 adopted 9/11/18)

§ 4-5 Adoption of state law provisions relating to dogs that attack persons or are a danger to persons and dangerous dogs.

The city hereby adopts V.T.C.A., Health and Safety Code secs. 822.001–822.007, dogs that attack persons or are a danger to persons, and V.T.C.A., Health and Safety Code secs. 822.041–822.047, dangerous dogs, as amended, and adopts the standards and regulations adopted and incorporated into this chapter as minimum standards; provided, however, that to the extent that this chapter provides standards that are compatible with those standards and are equal to, or more stringent than, the act or the standards and regulations provided under state statute or adopted by the state board of health, this chapter prevails over the act and the standards and regulations.

(Ordinance 590, sec. VI, adopted 7/10/12; Ordinance 740 adopted 9/11/18)

§ 4-6 General authority.

Established.

The procedures established in this shall be administered by the animal control officer, or police officers, who may request personnel, equipment and facilities of the police department or authorize persons, equipment and facilities as necessary to implement and enforce the provisions of this chapter.

Records required.

The animal control officer shall maintain for each impounded animal or registered animal coming under the purview of this chapter:

A file that includes but is not limited to a record of all pertinent names, addresses and dates; copies of all correspondence, notices, applications, permits and certificates; and

A record of all other related activities.

City to maintain record of fees and charges.

The city shall maintain an accurate accounting of all fees and charges and of the funds and payments collected, including date of payment and identification of payee.

(Ordinance 590, sec. VII, adopted 7/10/12; Ordinance 740 adopted 9/11/18)

§ 4-7 Impoundment of animals.

Proper facility.

Notwithstanding any other provisions of this chapter, the city shall not impound any animal unless there is a proper facility in which to keep the animal. For the purposes of this section, a proper facility is one that adequately provides for the needs of the animal and for the protection of the public.

General authority.

The animal control officer or the animal control officer's designated representative may order impoundment of an animal, if the animal:

Is running at-large within the city and is not an eartipped cat;

Has bitten or injured any person within the city;

Is considered dangerous, vicious, or wild and is not securely confined in such a manner that it cannot come in contact with or do harm to any person or other animal;

Has suffered cruelty to animals or is injured;

Will not be able to be attended to by its owner within a reasonable amount of time because its owner has been arrested for a criminal offense;

Will not be able to be attended to by its owner within a reasonable amount of time because its owner has been transported by emergency medical services;

Will not be able to be attended to by its owner within a reasonable amount of time because its owner may be hospitalized for longer than 24 hours;

Will not be able to be attended to by its owner within a reasonable amount of time due to an emergency.

Should the owner of an animal fail or refuse to allow the impoundment of the animal as provided by this subsection or attempt to interfere with such impoundment, the animal control officer shall contact the police department to help accomplish the impoundment.

In lieu of and including impoundment of an animal, the animal control officer, based on the reasonable belief that the owner is in violation of this chapter, may issue a citation to the owner of the animal.

Notice of impoundment.

When the owner of an impounded animal is known by the animal control officer or reasonably thought by the animal control officer to be identifiable, the animal control officer shall give written notice of the impoundment to the owner.

The notice must contain the following information for animals impounded for any reason:

A date of notice;

Date and location of an animal's impoundment;

Reason for impoundment;

Reasonable description of the animal; and

Location of impoundment facilities and hours during which an animal can be retrieved by the owner.

The owner of an impounded animal may not take possession of the impounded animal until the owner has provided satisfactory evidence to the animal control officer that the animal has a current rabies vaccination. If the animal does not have a current rabies vaccination, the owner will receive a citation and must bring papers verifying vaccination to the animal control officer within 15 days from the date on which the owner retakes possession of the impounded animal.

The owner of an impounded animal may not take possession of the impounded animal until fees and charges incurred during the impoundment have been paid in full.

The owner has the right to an informal hearing before the municipal judge to show cause why the owner should not be subjected to fees for return of the animal;

A written request for an informal hearing must be sent to and received by the city's municipal court within three working days of the date of the notice. The request must be addressed to:

ATTN: Municipal Judge

City of Granite Shoals

2221 N. Phillips Ranch Road

Granite Shoals, Texas 78654

The owner of an impounded animal may not take possession of the impounded animal until the animal has a current registration as required by section 4-11.

Fees/fines imposed; collected.

The following fees/fines will be charged by the city and collected at the cashier window at city hall in accordance with this chapter for each animal impounded hereunder:

An impoundment fee for an unregistered animal (or as shown in appendix B to this code for an animal that is registered in the city) for the first and second offense within a 12-month period;

After an animal has been impounded twice during the previous 12-month period, the fee for an unregistered animal shall be as shown in appendix B to this code.

A fee of as shown in appendix B to this code for each day an animal remains impounded;

Actual cost for the preparation and posting or mailing of each notice required under this chapter. The actual cost shall be as shown in appendix B to this code;

Charges for long distance telephone calls in connection with the administration of this section;

The cost of additional personnel and specialized equipment necessary during an animal's apprehension and impoundment;

Medical costs, including but not limited to veterinarian fees, vaccines, and other specialized care and equipment;

Any other expenses incurred incidental to the impoundment of an animal hereunder;

Court cost as determined by the municipal judge;

Voluntary surrender.

The owner of an animal who chooses to relinquish custody of that animal to the city must pay a surrender fee as shown in appendix B to his code for one or more animals at the time of surrender. The owner of the animal must fill out, sign and date voluntary surrender paperwork.

If no one accepts responsibility for an animal in the custody of the city or the contract facility the animal control officer or his/her designee will take the animal to the contracted shelter.

Fees collected.

All fees and charges incurred under this section will be charged against and are the obligation of the owner of an impounded animal, regardless of the disposition of the animal;

Except as otherwise specifically provided herein, the owner, adopter or purchaser may not take possession of an impounded animal until the fees and charges incurred during the impoundment of the animal have been paid in full;

A receipt for all fees paid under this chapter shall be furnished to the person paying the fees.

Hearing.

Upon the written request of an addressee of a notice under this section for a hearing, the municipal judge or a designated representative shall conduct an informal hearing.

Written notice of the place, date and time of such hearing shall be given to the person requesting the hearing, and the person must be given the opportunity to present any evidence that may be pertinent to the hearing.

The municipal judge must determine, after reviewing the evidence presented, whether the addressee was in fact in violation of this chapter.

Timely filing of a written request for an informal hearing stays the proceedings under this chapter until final action is taken by the municipal judge or a designated representative.

The fees and charges imposed under subsection (c) of this section shall not be imposed if, after a hearing, the municipal judge determines that the owner was not in violation of this chapter or that the animal should not have been impounded under the provisions of this chapter.

(Ordinance 590, sec. VIII, adopted 7/10/12; Ordinance 740 adopted 9/11/18; Ordinance 856 adopted 3/26/2024)

§ 4-8 Disposition of animals.

The city may engage the services of a contract shelter facility to be the holding facility for all impounded animals (dogs or cats) that are not an eartipped cat, licensed/registered with the city, or microchipped. Once an animal has been released into the custody of the contract facility by the animal control officer or police officer any and all business regarding fines, requirements and reclaims will be conducted directly between the animal's owner and the contract facility.

All owned animals (dogs and cats) must at all times display a city license/registration tag (see section 4-11) and be microchipped. If impoundment is required and the animal is not an eartipped cat, microchipped, or displaying a license/registration tag the animal will be taken to the contract facility at the end of that business day.

If impoundment is required, and the animal is displaying a license/registration tag and microchipped, the animal will be held at the local animal control facility (ACF) for no less than 24 hours and no more than 72 hours in the attempt to reach the animal's owner and arrange for the reclaim or voluntary surrender of the animal, depending on available space at the ACF. Certain fees will be imposed and received before the animal is released to the owner. (See section 4-7(d).)

No animal may be released to a person other than the owner or the owner's authorized representative until the requirements of V.T.C.A., Health and Safety Code ch. 828, which relates to sterilization of dogs and cats, have been satisfied, unless the owner has a written agreement with the animal control officer, or his designee.

Cats found running at-large that are not microchipped, eartipped, or wearing an identification tag are presumed to be unowned or unharbored and may immediately be subject to a trap-neuter-return program, adopted to a person, transferred to an animal rescue or shelter, or otherwise disposed of in a humane manner to alleviate the pain and suffering of the cat where there is no other reasonable remedy or relief.

If the city takes custody of an animal or animals because the owner of the animal has been arrested, and the owner does not designate an authorized representative to take custody of the animal(s), the animal(s) will be held for up to no later than 72 hours after the impoundment before being transported to the contracted animal shelter designated by the city.

(Ordinance 590, sec. IX, adopted 7/10/12; Ordinance 740 adopted 9/11/18; Ordinance 856 adopted 3/26/2024)

§ 4-9 Destruction of animals.

The animal control officer may destroy or authorize the destruction of an animal when the animal is attempting or threatening injury to any person or another animal and such destruction appears to be the most reasonable means available to prevent such injury.

An animal may be put down immediately if there is evidence that the animal is terminally ill or mortally injured or is suffering from a disease that is a threat to the public health.

Any animal not adoptable or that has not been picked up by the owner may be disposed of or taken to a state-recognized animal care provider for disposition in accordance with detention described in section 4-8(a).

(Ordinance 590, sec. X, adopted 7/10/12; Ordinance 740 adopted 9/11/18)

§ 4-10 Biting animal.

An animal impounded for biting shall be confined at the contract facility for at least ten days. At the request of the owner and at the owner’s expense, and with the consent of a veterinarian, the animal may be confined at facilities maintained by a licensed veterinarian.

When the owner of an animal impounded for biting is known, or reasonably thought by the animal control officer to be identifiable, the animal control officer must attempt to personally contact the owner in order to determine if and when the animal has been vaccinated for rabies.

In addition to all of the notice requirements listed in section 4-7(c), the notice must contain the following information for animals impounded for biting:

That the animal will be confined for ten days.

That, if the owner has not already done so, the owner should immediately contact the animal control officer to discuss if and when the impounded animal was vaccinated for rabies.

That the owner may not take possession of the impounded animal until the animal control officer and the contract facility have received a certificate signed by a licensed veterinarian certifying that the animal is free of transmittable rabies.

No animal impounded for biting shall be released to its owner until the animal control officer and the contract facility have received either:

A certificate signed by a licensed veterinarian certifying that the animal is free of transmittable rabies.

If the animal is over the age of 16 weeks, evidence sufficient to satisfy the animal control officer that the animal has a current rabies vaccination or that the animal has received the required vaccination during its period of impoundment.

(Ordinance 590, sec. XI, adopted 7/10/12; Ordinance 740 adopted 9/11/18)

§ 4-11 Registration of animals.

Dogs and cats.

The owner of a dog or cat that is over the age of 16 weeks within the city limits shall register the animal and its microchip number, if any, with the city. The business of filing paperwork, payment and receipt of registration shall be conducted at the cashier window at city hall or at such other location as directed by the city manager.

Registration shall not be required of a nonresident who keeps a dog or cat within the city for no longer than 30 consecutive days.

At the time of registration, the owner shall provide proof of current rabies vaccination by showing a certificate of vaccination signed by a licensed veterinarian.

The city shall issue to the owner a registration certificate for each animal owned. This certificate shall contain the following information as a minimum for identification:

The owner's name, address and telephone numbers;

The animal's name, sex, sterilization status, color, type, breed and any other distinct characteristics;

The veterinarian or animal clinic's name and rabies tag number, fee information and total amount collected;

Signature of person issuing the registration, expiration date of registration and registration tag number. The animal control officer will retain a copy of each certificate of registration.

Each animal receiving a registration number may be photographed by the animal control officer for further purposes of identification.

Within 30 days of any change of ownership of a registered animal the new owner shall transfer the registration certificate to the new owner's name. The new owner shall also notify the animal control officer of the transfer and must obtain a new certificate of registration as provided by this section.

Tag.

The city shall issue a metal registration tag for each animal registered upon request of the owner if the animal is not microchipped. The tag shall bear a serial number plainly inscribed thereon for each dog or cat for which the city issues a registration certificate. The tag is to remain with the animal for its lifetime.

The tag will be delivered to the owner at the time of registration.

The owner shall attach the tag to a collar or harness that is to be worn by the animal when it is off of the owner's property.

If the tag is lost or destroyed the owner shall apply to the city for a new tag by presenting the registration certificate and proof of rabies vaccination. The owner will then be issued a new registration with the original date of the lost or destroyed tag. This new registration will be free of charge if proof of the lost or destroyed tag's registration is provided.

Fees.

A one-time registration fee shall be charged for each animal registered.

All owned domestic animals (dogs and cats): as shown in appendix B to this code per animal.

§ 4-12 Regulation of commercial animal establishments.

In the event that an individual dog has been designated by a court of law to be a dangerous dog, the owner of the dog shall register the animal for a fee as shown in appendix B to this code per year.

(Ordinance 590, sec. XII, adopted 7/10/12; Ordinance 740 adopted 9/11/18; Ordinance 856 adopted 3/26/2024)

Permit–Required.

A permit is required in order to operate a commercial animal establishment within the corporate limits of the city.

Same–Application.

An application on a form provided by the city shall be accompanied by the permit fee set out in subsection (c) of this section.

Same–Fee.

The fees related to a commercial animal establishment permit are as follows:

The owner of a commercial animal establishment must pay an annual permit fee as shown in appendix B to this code to operate the commercial animal establishment; however, the fee for permit applications made during the second half of a fiscal year is as shown in appendix B to this code;

A permit transfer fee as shown in appendix B to this code must be paid to transfer a permit for a commercial animal establishment to a new owner or operator; and

A reapplication fee as shown in appendix B to this code must be paid if reapplication is made as a result of a permit denial.

All fees paid under this section are nonrefundable.

No permit fees are required of any government-operated zoological park or any veterinary hospital or clinic; however, facilities exempt from permit fees are not exempt from the requirement to obtain a permit.

A receipt for all fees paid under this chapter shall be furnished to the person paying the fee.

All fees collected under this chapter shall be turned over to the city manager or his or her designee.

Term of permit.

Permits expire on September 30th of the year in which they are issued.

Upon the change of ownership or operation of a commercial animal establishment, the new owner or operator must have an existing current permit transferred to the new owner or operator’s name. The transferred permit expires on September 30th of the year in which it is issued.

Renewal of existing permits must be issued on or before October 1st, subject to compliance with applicable provisions of this chapter.

Minimum standards.

All commercial animal establishments within the city shall meet and maintain the following minimum standards:

Except for a fully enclosed indoor pet store or fully enclosed pet grooming facility, an establishment that has the capacity to house 20 or more animals may not be located closer than 200 feet from any:

Building used for residential purposes by anyone other than the person maintaining the commercial establishment or the person’s immediate family; or

School, hospital, church, public park, restaurant or food store.

Maintain premises and surrounding grounds in a clean and sanitary manner, in order to keep them free from accumulations of manure, decaying food, and refuse.

Utilize airtight receptacles or containers for the storage of manure, decaying food, and refuse.

Dispose of solid waste in a manner that is not offensive or unsanitary.

Be constructed and maintained in order to prevent infestation by rats or other rodents or vermin. The presence of such infestation in a commercial animal establishment is prima facie evidence that the establishment is maintained in violation of this chapter.

In addition to the requirements of this section, all commercial animal establishments must comply with chapter 40, zoning, and all other applicable ordinances, laws and governmental rules and regulations.

Inspections.

It is a condition of the issuance of any permits authorized by this chapter that the animal control officer is permitted, at any time, to inspect the commercial animal establishment, its animals, and the property on which such establishment is located.

(g)

Permit refusal or revocation.

A new or renewed permit may be refused, or an existing permit revoked if:

Permission for an inspection in accordance with the provisions of subsection (f) of this section, is refused.

Upon inspection, the premises of a commercial animal establishment are found:

Not to be in compliance with the minimum standards establishment in subsection (e) of this section; or

To be in an unsanitary or offensive condition or in any condition affecting the health, safety or general welfare of the public or the animals being maintained on the premises.

The person has falsified any information on the application for a permit.

The person has been convicted in a court having jurisdiction over these matters of:

The offense of cruelty to animals;

Any violation of this chapter;

Any other law governing the protection and keeping of animals.

(h)

Notice of refusal or revocation.

Any person who is denied a permit or whose permit is revoked must be given notice of the denial or revocation.

The notice must:

Be dated and in writing;

State the reason for denial or revocation;

Advise that a written request for an informal hearing to show cause why the permit should not have been denied or revoked must be made within five working days of the date of the notice by posting the request to:

Municipal Judge

City of Granite Shoals

2221 N. Phillips Ranch Rd.

Granite Shoals, Texas 78654

Advise, if applicable, that the person must remove all animals within five days from the date of the notice.

(i)

Hearing.

Timely filing of a written request for an informal hearing stays the denial or revocation of a permit until final action is taken by the municipal judge.

A permit will not be denied or revoked if after a hearing by the municipal judge it is determined that the owner was not in violation of this chapter.

Upon the written request of an addressee of a notice in this section, the municipal judge shall conduct an informal hearing.

The municipal judge must determine, after reviewing the evidence presented, whether the addressee was in fact in violation of this chapter, and make his ruling as set out in this subsection (i).

(j)

Records required.

The animal control officer shall maintain for each commercial animal establishment coming under the purview of this chapter:

A file that includes but is not limited to:

A record of all pertinent names, addresses and dates;

Copies of all correspondence, notices, applications, permits and certificates; and

A record of all other related activities;

§ 4-13 No animal allowed in place where food is sold or served.

An accurate accounting of all fees and charges and of the funds and payments collected, including date of payment and identification of payee.

(Ordinance 590, sec. XIII, adopted 7/10/12; Ordinance 740 adopted 9/11/18)

No owner of any animal and no manager, clerk, owner, or operator of any place where food is exposed or offered for sale, served, or sold for human consumption shall permit any animal to enter, be, or remain within any interior area of a store, restaurant, cafe, shop, building, structure, or place where food is offered for sale, displayed, or handled for human consumption within the corporate limits of the city. Animals may be allowed on outdoor decks or patios of stores, restaurants, cafes, shops, buildings, structures or places where food is offered for sale, displayed or handled for human consumption, so long as such animals never enter the interior area of such locations. This section does not apply to service animals.

(Ordinance 740 adopted 9/11/18)

§ 4-14 Keeping wild animals, fowl, or livestock.

The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Fowl.

The term “fowl” means any of various birds, including chickens, turkeys, geese, ducks, guineas, swans, peafowl or any other free, uncaged bird or fowl.

The term “fowl” does not include parakeets, canaries, pigeons, doves or other birds of similar size that customarily are kept in cages.

Hen.

A female domesticated chicken.

Livestock.

Cattle, goats, horses, chicken, donkeys, burros, ducks, pigs, sheep and emus.

Rooster.

A male domesticated chicken.

Wild.

Not domesticated.

Wild animal.

The term “wild animal” means any live monkey or nonhuman primate, opossum, raccoon, skunk, bear, fox, weasel, coatimundi, snake, mink ferret, lizard, alligator, jaguar, jackal, wolf, crocodile, leopard, panther, tiger, bobcat, cheetah, lion, lynx, ocelot, bee hive, or any other animal normally found in the wild state.

The term “wild animal” does not include a hen or hens or bee hive that complies with all applicable state and local regulations and permit requirements.

It shall be unlawful for any person to keep, harbor, or permit to be kept on the person’s premises any wild or exotic animal.

It shall be unlawful for any person to keep, harbor, or permit to be kept on the person’s premises any livestock or fowl other than hens as provided further in this subsection, except in a zoning district where the keeping of such livestock or fowl is a permitted use.

A maximum of six (6) hens are allowed at a residence.

Hens are prohibited on property located within the Waterfront Overlay District, as described in section 40-29(b) of this code.

Raising or keeping roosters is prohibited in the city except in a zoning district where the keeping of such fowl is a permitted use.

Chicken coops must be kept in the back yard of the residence, behind the facade of the house.

A chicken coop and run shall not be located within twenty-five (25) feet from any business or dwelling occupied by any person other than the owner of the coop and run. The coop and run shall be subject to inspection by the city’s animal control officer or other designated representative.

Hens may not be kept in a manner that constitutes a public nuisance as defined in section 4-1 of this code. Hens are not allowed within city streets or city right-of-way.

The owner of hens is not required to pay a registration fee or register the hens with the city.

The first violation of this section will result in a warning, and subsequent violations may result in penalties pursuant to section 4-2 of this code.

This section does not apply to the keeping of prohibited animals by a publicly or privately maintained circus, traveling show, or rodeo that does not remain in the city longer than 30 days out of each year.

(Ordinance 590, sec. XIV, adopted 7/10/12; Ordinance 740 adopted 9/11/18; Ordinance 797-A adopted 8/25/20)

§ 4-15 Prohibitions.

General.

It is a violation of this chapter to:

Maintain a public nuisance as defined by section 4-1.

Fail to keep an animal, other than an eartipped cat, under restraint and to exercise proper care and control of that animal to prevent it from becoming a public nuisance.

Tamper with any trap or animal catching device set out by the animal control officer or a designated representative.

Keep within the city an animal that is over the age of 16 weeks and fail to:

Maintain a current rabies vaccination.

Affix around the animal's neck a collar or harness with a current rabies tag and city registration tag attached when the animal is not on the property of the owner or have the animal implanted with a microchip.

Harbor more than a total of five domesticated animals on the same premises excluding aviaries and eartipped cats. Animals less than 16 weeks of age are not included in this count.

Fail to register an animal as required by section 4-11(a).

Secure a dog by means of an unlawful restraint.

Own or operate a commercial establishment without having in force or effect a permit issued in accordance with this chapter.

(9)

Intentionally, knowingly, or recklessly:

Torture an animal or in a cruel manner kill or cause serious bodily injury to an animal;

Without the owner's effective consent, kill, administer poison to, or cause serious bodily injury to an animal;

Fail unreasonably to provide necessary food, water, care, or shelter for an animal in the person's custody;

Abandon unreasonably an animal in the person's custody, except if the actor released or returned a stray or animal which is not a wild living creature pursuant to a TNR program, or released or returned a previously trapped wild living creature in accordance with state wildlife laws and regulations;

Transport or confine an animal in a cruel manner;

Without the owner's effective consent, cause bodily injury to an animal;

Cause one animal to fight with another animal, if either animal is not a dog;

Use a live animal as a lure in dog race training or in dog coursing on a racetrack; or

Seriously overwork an animal.

(10)

Do any act that is otherwise prohibited in this chapter.

Confinement of female dogs and cats during estrus.

The owner/harborer of any unneutered female dog or cat in the state of estrus (in heat) shall confine the animal that is in heat during such period of time, by enclosing the animal in a house, building, or other secure enclosure. The area of enclosure shall be so constructed that no other dog or cat may gain access to the confined animal(s), except for the purpose of intentional breeding of the animal by the owner/harborer. An owner/harborer who is not compliant with this requirement shall be ordered to immediately remove the animal that is in heat from any other person's property or from public property, and to place the animal in confined quarters. Failure to comply with the removal order of the animal services department shall be a violation of this article and the dog or cat that is in heat, but is not confined, may be impounded as prescribed in this chapter. All expenses incurred as a result of this confinement shall be paid by the owner/harborer of such animals.

Animals at-large.

Except as provided for in section 4-17 of this chapter, it shall be unlawful for any person owning and/or harboring an animal to permit such animal, other than an eartipped cat, to run at-large as that term is defined in this chapter.

Any officer or citizen of the city is authorized to take up and deliver to the animal services department any animal, other than an eartipped cat, found running at-large that may be found at-large in the corporate limits of the city, subject to the applicable provision of the law.

The animal control officer or his agent(s) and city peace officer(s) are authorized to impound any animal, other than an eartipped cat, that is believed to be in violation of this chapter. In the event the animal, other than an eartipped cat, is on private property or property of the animal's owner, the animal control officer, his/her agent, or peace officer may enter the property, other than a private dwelling, for the purpose of impoundment or issuance of a citation, or both, subject to the applicable provisions of this chapter and other applicable laws.

Running at-large.

It is unlawful for any owner or person in control of any domestic animal other than an eartipped cat to permit any such animal to run at-large on land that is not owned or otherwise controlled by the owner or harborer (e.g., via a lease or permit), or on any street, alley or other public property or place within the city's corporate limits.

Unauthorized removal of animal from confinement; interfering with officers.

Removal of animal from confinement.

It shall be unlawful for any person to remove or allow to escape from any place of confinement any dog, cat, or other animal which has been ordered to be confined by the animal services department, without the express consent of the animal services department.

Interfering with officers.

It shall be unlawful for any person to interfere or attempt to interfere with the animal control officer or police officer, or to interfere or attempt to interfere with any person acting for the city in the taking up, handling, and/or impounding of animals in the city.

Safety of animals in motor vehicles.

A person may not transport an animal in a motor vehicle on public roadways or areas open to the public unless:

The animal is enclosed within the vehicle; or

If the animal is transported in an unenclosed vehicle, including a convertible, pickup truck, flatbed truck, or motorcycle, the animal shall be confined in a secure and appropriately sized vented container or confined in a manner that prevents the animal from falling or jumping from the vehicle or otherwise being injured.

It shall be unlawful for any person to leave any animal in any standing or parked vehicle in such a way as to endanger the animal's health, safety, or welfare. An animal control officer or police officer is authorized to use reasonable force to remove the animal from the vehicle whenever it appears that the animal's health, safety, or welfare is or will be endangered if the owner of the vehicle cannot be located after reasonable attempts. The animal shall be taken to the animal shelter or to a veterinarian if the animal is in distress. A written notice bearing the name of the officer removing the animal, a telephone number where he or she can be contacted, and the location where the animal may be claimed by the owner shall be attached to the vehicle. Any person violating this section shall bear the full cost and expense incurred by the city in the care, medical treatment, impoundment cost and disposal of the animal, including the removal from a vehicle in addition to any criminal penalty that may be imposed under this section. A peace officer or animal control officer who removes an animal from a vehicle or enclosed space in accordance with this subsection shall not be liable for damage caused to the vehicle and/or property contained therein.

During instances where occupants of motor vehicles are involved in a traffic accident or other vehicle-related incidents that result in animals being left uncontrolled or unattended, animal control officers or police officers of the city are authorized to take welfare custody of such unattended to animals. In the interest of the health, safety, or welfare of such animals, officers are authorized to transport such animals to the city's animal shelter, a veterinarian, humane shelter, or an animal emergency clinic. Information shall be provided to the animal's owner as to the animal's disposition. Animal owners shall bear full cost and expense incurred by the city in the care, medical treatment, impoundment costs, or other associated costs of the animal.

Duty of motor vehicle operator to report an accident involving animals.

Any person who, as the operator of a motor vehicle within the city, strikes any animal shall report the accident to the police department within a reasonable time if the stricken animal is on or near the roadway so that it constitutes a potential traffic hazard. It shall be an affirmative defense to any violation under this section that the incident occurred while the operator was responding to an emergency and that the incident was reported as soon as possible.

Any person who, as the operator of a motor vehicle, strikes a domestic animal shall immediately report such injury or death to the animal's owner; in the event the owner cannot be ascertained and located, such operator shall at once report the accident to the appropriate law enforcement agency or the local humane society.

(g)

Offenses related to dangerous dogs.

A person commits an offense if the person is the owner of a dangerous dog and the dog makes an unprovoked attack on another person or another animal outside the dog's secure enclosure, which attack causes bodily injury to the other person or animal.

A person who owns or keeps custody or control of a dangerous dog commits an offense if the person fails to comply with the regulations contained in this article.

(Ordinance 590, sec. XV, adopted 7/10/12; Ordinance 740 adopted 9/11/18; Ordinance 856 adopted 3/26/2024)

§ 4-16 Bee keeping.

The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Commercial hive.

A home, dwelling, or other property that contains six (6) or more bee hives.

Non-commercial hive.

A home, dwelling, or other property that contains five (5) or less bee hives.

It shall be unlawful to keep bees in any area of the city, except in those areas where the bee hives will be located at least one hundred fifty (150) feet or more from the nearest dwelling, other than the dwelling of the owner of the bees. The one hundred fifty (150) foot distance requirement may be waived by the police chief with the written consent of the property owner whose dwelling will be within the one hundred fifty (150) foot limits. Such written consent must be granted on an annual basis. It shall further be unlawful to keep bees, regardless of the above limitation, in such a quantity or manner as to interfere with the peaceful occupancy of such other property.

§ 4-17 Management of community cat population; permitted acts.

The owner of a bee hive shall register each bee hive on a yearly basis. “Bee hives” will be counted on a per queen basis. A structure containing multiple queen bees will require multiple registrations. As a part of the annual registration process, each hive shall be “re-queened” on an annual basis, i.e., a new queen will be placed in the hive to ensure the health and vitality of the hive, and proof of “re-queening” shall be required prior to the issuance or renewal of the annual registration. No fee shall be required for the registration of non-commercial bee hives. The annual fee for registration of commercial bee hives shall be set by the city council, and is as shown on the animal services fee schedule under the heading “commercial animal establishment - permit fee,” which is maintained by the city secretary and is set forth in the schedule of fees and charges in appendix B, section K (animal control fees) to this code.

(Ordinance 740 adopted 9/11/18; Ordinance 797-A adopted 8/25/20)

Permitted acts.

The following actions shall be permitted as part of trap-neuter-return:

Trapping, for the purpose of sterilizing, vaccinating for rabies, providing medical care to, and eartipping community cats, in compliance with any applicable federal or state law, and under the supervision of a veterinarian, where applicable.

An eartipped cat received by animal control facility or other shelter will be returned to the location where trapped unless veterinary care is required. A trapped eartipped cat will be released on site unless veterinary care is required.

Community cat caregivers are empowered to reclaim impounded community cats without proof of ownership solely for the purpose of carrying out trap-neuter-return and/or returning eartipped community cats to their original locations.

A community cat caregiver who returns a community cat to its original location while conducting trap-neuter-return is not deemed to have abandoned the cat.

Trap-neuter-return shall be the preferred disposition for impounded community cats. Animal control is authorized and encouraged to conduct trap-neuter-return or to direct impounded community cats to a trap-neuter-return program.

To apply for a permit to become a feral cat colony manager, a person must present evidence to the city and the city animal control officer of satisfactory completion of:

Trap-neuter-release (TNR) and colony care course.

Field sheltering and temporary shelters course.

Fundamentals of emergency shelters course.

These courses will be required to be certified through the ASPCA and can be taken online at www.aspcaonline.org. Proof of certification must be presented to the city prior to the feral cat colony manager receiving a permit to manage, operate, own or control a feral cat colony. Certification must be completed annually and presented annually upon registration.

It shall be a violation of this chapter to feed a cat running at-large outside of the property owned by the person feeding the cat, without first obtaining a feral cat colony manager permit and maintaining proper management and sterilization.

A feral cat colony manager shall implement proper management and sterilization practices as required by the city to maintain a valid permit.

Any feral cat colony manager determined to be in violation of proper management and sterilization practices required by the animal services department shall be issued a written warning and allowed a period of time, which shall not exceed thirty (30) days, to come into compliance. Failure to comply within the given time period is a violation of this chapter.

The animal control officer may immediately seize and remove all animals or certain animals from any colony for the following reasons:

Public health or safety concerns including, but not limited to, rabies or other epizootic and certain zoonoses identified by the department of health;

Animals creating a public nuisance by interfering with passing vehicles, trespassing on school grounds, or crying or whining in an excessive, continuous, or untimely fashion;

Animals that are involved in a bite against any human; or

§ 4-18 Proper management and sterilization.

The feral cat manager has a colony that has been out of compliance with city ordinance for a time no less than 30 days from the date of the violation.

(Ordinance 740 adopted 9/11/18; Ordinance 856 adopted 3/26/2024)

A feral cat colony manager must provide the city and the city animal control officer with an exact number of cats in each feral cat colony on an annual basis or as required by the animal control officer. The feral cat colony manager must provide the following information to the city upon registration:

Current rabies vaccination of animal(s).

Date of sterilization of animal(s).

Current photograph of animal(s).

Any health or physical features of animal(s).

Color, age and description of animal(s).

Feral cat managers’ contact information including address, phone number, email, drivers license number, name, and emergency contact information.

A feral cat colony manager must sterilize at least 75% of unsterilized cats of each permitted feral cat colony annually and show proof to the city of the number sterilized upon registration.

Upon the feral cat colony manager receiving a feral cat in between registration periods, the manager must report the new feral cat to the city animal control officer via email, within 30 days of receiving the feral cat.

The feral cat colony manager is responsible for 100% of the costs of all sterilizations of the feral cats within the feral cat colony that he or she manages.

A feral cat colony manager must provide, on a daily basis, adequate fresh food and water to the cats in the feral cat colonies that the feral cat colony manager has obtained a permit to manage.

A feral cat colony manager must make all reasonable efforts to catch a sick or injured cat within the feral cat colony that the feral cat colony manager has obtained a permit to manage and take the cat to a veterinarian for adequate medical care necessary to remedy the sickness or injury.

A feral cat colony manager shall ensure that all cats which the feral cat colony manager has caused to be sterilized will be vaccinated for rabies and obtain an ear tip amputation performed by a veterinarian.

§ 4-19 Duration of permit; permit fees.

A feral cat colony manager shall submit annual reports to the city as to the exact number of cats per colony that the feral cat colony manager has obtained a permit for, the number of cats vaccinated for rabies and sterilized, and the name of the veterinary clinic used.

(g)

A feral cat colony manager must obtain written permission of the landowner or the landowner’s agent where the feral cats congregate or are fed in order to obtain a permit for the feral cat colony and must provide a copy of the written permission to animal control. The feral cat colony manager will be held responsible for all animal(s) upon authorization of the landowner for the colony if the manager accepts the task from the landowner.

(h)

A feral cat colony manager may apply for a waiver of any provision of this section. The ruling of the city council on the application is final and nonappealable.

(i)

The feral cat colony manager will be responsible for all costs associated with managing a feral cat colony including sterilizations, vaccinations, food, water, vet bills and any other costs involving the feral cats that he or she manages. The city will not be responsible for any monetary costs of managing the feral cat colony or provide any services to the feral cat colony manager for managing, maintaining, care or transportation for the colony and the animal(s) involved.

(j)

The feral cat colony manager is not an employee, agent, or officer of the city. The city is not responsible for any damage or injury that a feral cat colony, or any of the cats found within or near the feral cat colony, may cause to any private property or individual within the city. The feral cat colony manager does indemnify and hold harmless the city for complaint alleged against the city for any damage or injury allegedly caused by the feral cat colony that he or she manages, or any of the cats found within or near the feral cat colony, to any private property or individual within the city.

(Ordinance 740 adopted 9/11/18)

Permits issued under this article shall be valid for one year from date of issuance. The fees for permits under this article shall be set by the city council and are as shown in the animal registration fee schedule maintained by the city secretary and as set forth in the schedule of fees and charges in appendix B to this code.

(Ordinance 740 adopted 9/11/18)

§ 4-20 Revocation of permit.

A permit issued under this chapter may be revoked by the city or authorized representative, for any violation of the provisions of this chapter by the holder thereof.

§ 4-21 Policy statement regarding feeding of deer using automated feeders.

The animal services department shall provide written notice of the revocation to the holder by sending the notice certified mail or by personally delivering the written notice to the holder of the permit.

(Ordinance 740 adopted 9/11/18)

It is the city’s policy that prohibiting the feeding of deer within the city limits using automated feeders is necessary and appropriate to protect the public health and safety by reducing the number of deer in residential areas as one component of a comprehensive deer management program. The city shall endeavor to enforce these regulations first through education, then through warnings, then through the imposition of civil penalties, as provided for in the city code.

(Ordinance 778 adopted 1/14/20)

§ 4-22 Use of automated equipment for feeding of deer prohibited.

Within the city on any public or privately owned land, the use of mechanical, electrical, timer-controlled, containers left unattended, or multi-distribution feeders or devices with a reservoir capable of dispensing grain, livestock food, pellets, or other edible matter that wild deer may consume shall be prohibited.

For the purpose of this section, all deer shall be deemed to be wild.

The occasional hand-feeding of deer on a person’s own property will not be prohibited by this provision.

§ 4-23 Imposition of civil penalty for violations.

The prohibition of this section shall not apply to any peace officer, animal control officer, or other agent of the city acting pursuant to a deer control program approved by the city council.

(Ordinance 778 adopted 1/14/20)

A person who unlawfully feeds a deer pursuant to this chapter is liable for a civil penalty.

A person who violates the proscription set forth in this chapter commits a class C misdemeanor punishable under the General Penalty provision, section 1-10 of this code, of a fine not exceeding $500.00 per offense.

(Ordinance 778 adopted 1/14/20)

§ 4-24 Enforcement; procedures.

The code enforcement department (the “department”) is responsible for the enforcement and administration of this ordinance, in cooperation with the city’s police department.

In order to impose a civil penalty under this article, the department shall mail a notice of violation to the individual or property owner liable for the civil penalty not later than the 30th day after the date the violation is alleged to have occurred.

A notice of violation under this article shall contain the following:

A description of the violation alleged;

The location where the violation occurred:

The date of the violation;

The amount of the civil penalty to be imposed for the violation (not to exceed $500.00);

The date by which the civil penalty must be paid; and

Information that informs the person named in the notice of violation:

(A)

Of the person’s right to contest the imposition of the civil penalty against the person in an administrative adjudication;

(B)

Of the manner and time in which imposition of the civil penalty may be contested;

(C)

That failure to pay the civil penalty or to contest liability in a timely manner is an admission of liability and that failure to appear at a municipal court hearing after having requested a hearing is an admission of liability; and

(D)

That failure to pay the civil penalty within the time allowed shall result in the imposition of a late-payment fee of $25.00.

A notice of violation under this article is presumed to have been received on the third day after the date the notice of violation is mailed.

§ 4-25 Effect of liability; exclusion of civil remedy.

In lieu of issuing a notice of violation, the department may mail a warning notice to the owner that, in addition to any other information contained in the warning notice, must contain the information required by subsection (c).

(Ordinance 778 adopted 1/14/20)

The imposition of a civil penalty under this division is not a criminal conviction for any purpose.

A civil penalty may not be imposed under this ordinance if the individual or property owner was arrested or was issued a municipal court summons for the same violation pursuant to this article.

An individual or property owner who fails to pay the civil penalty or to timely contest liability for the penalty is considered to admit liability for the full amount of the civil penalty stated in the notice of violation mailed to the person.