HomeMy WebLinkAboutAgenda_ANSAB_11.12.2020Notice of Meeting for the
Animal Shelter Adv isory B oard
of the City of Georgetown
Nov ember 12, 2020 at 6:00 P M
at Virtual
T he C ity of G eorgetown is committed to compliance with the Americans with Disabilities Act (ADA). If you
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O ffic e, at leas t three (3) days prior to the sc heduled meeting date, at (512) 930-3652 or C ity Hall at 808 Martin
Luther King Jr. S treet, G eorgetown, T X 78626 for additional information; T T Y users route through R elay
Texas at 711.
Consiste nt with Gover nor Gr eg A bbott’s suspension of var ious provisions of
the O pen M ee tings A ct, e ffec tive A ugust 1, 2020 and until fur the r notic e, to
r educ e the c hance of C O V I D-19 tr ansmission, all C ity of Ge orge town
Advisor y B oar d mee tings will be held vir tually. P ublic c omment will be
allowed via telec onfer ence ; no one will be allowed to appear in pe rson.
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Topic : Animal Shelter Advisor y B oar d
Time: Nov 12, 2020 06:00 P M C entral Time (U S and C anada)
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Page 1 of 37
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1. Submit written comme nts to apr il.haughe y@geor getown.or g by 3:00 p.m.
on the date of the mee ting and the R ec ording S ec re tary will r ead your
c omments into the r ec ording during the item that is being discussed.
2. L og onto the mee ting at the link above and “r aise your hand” during the
item
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To jo in a Zo o m meeting, click o n the link pro vided and jo in as an attendee. Yo u will be asked to enter
yo ur name and email address (this is so we can identify yo u when yo u are called upo n). To speak o n
an item, click o n the “Raise yo ur Hand” o ptio n at the bo tto m o f the Zo o m meeting webpage o nce
that item has o pened. When yo u are called upo n by the Reco rding S ecretary, yo ur device will be
remo tely un-muted by the A dministrato r and yo u may speak fo r three minutes. P lease state yo ur
name clearly, and when yo ur time is o ver, yo ur device will be muted again.
Use of pr ofanity, thr eate ning language, slande rous r emarks or thr eats of
harm are not allowed and will re sult in you be ing imme diately re moved fr om
the mee ting.”
Regular Session
(T his R egular S es s ion may, at any time, be rec es s ed to c onvene an Exec utive S es s ion for any purpose
authorized by the O pen Meetings Act, Texas G overnment C ode 551.)
A Disc ussion on how this virtual c onference will be c onducted, to inc lude options for public c omments and
how the public may addres s the Board--April Haughey, Animal S ervic es Manager (Board Liaison)
B P resentation of Animal S ervic es S tatistics for O ctober 2020--April Haughey, Animal S ervic es Manager
(Board Liaison)
C P resentation of c urrent s tatuses of open Animal C ontrol O fficer and part-time Veterinarian positions--
April Haughey, Animal S ervic es Manager (Board Liaison)
D P resentation of status of current fac ilities projects --April Haughey, Animal S ervices Manager (Board
Liaison)
E Disc ussion on November 10th pres entation of ordinances changes to C ounc il--April Haughey, Animal
S ervices Manger (Board Liais on)
P ublic Wishing to Address the B oard
O n a s ubjec t that is posted on this agenda: P lease fill out a speaker regis tration form whic h can be found at the
Board meeting. C learly print your name, the letter of the item on which you wish to speak, and pres ent it to the
S taff Liais on, preferably prior to the start of the meeting. You will be c alled forward to speak when the Board
Page 2 of 37
cons iders that item.
O n a s ubjec t not posted on the agenda: P ersons may add an item to a future Board agenda by filing a written
request with the S taff Liais on no later than one week prior to the Board meeting. T he reques t must include the
s peaker's name and the spec ific topic to be addres s ed with sufficient information to inform the board and the
public . F or Board Liaison c ontact information, pleas e logon to
http://government.georgetown.org/c ategory/boards -commissions /.
F At the time of posting, no pers ons had s igned up to address the board.
L egislativ e Regular Agenda
G C ons ideration and possible action to approve minutes from O ctober 2020--Melis s a S heldon, Board C hair
H C ons ideration and possible action to recommend proposed changes to the Animal O rdinance--April
Haughey, Animal S ervices Manager (Board Liais on)
Adjournment
Ce rtificate of Posting
I, R obyn Densmore, C ity S ecretary for the C ity of G eorgetown, Texas, do hereby c ertify that this Notic e of
Meeting was posted at C ity Hall, 808 Martin Luther King Jr. S treet, G eorgetown, T X 78626, a plac e readily
acc es s ible to the general public as required by law, on the _____ day of _________________, 2020, at
__________, and remained s o posted for at leas t 72 c ontinuous hours prec eding the s cheduled time of said
meeting.
__________________________________
R obyn Dens more, C ity S ec retary
Page 3 of 37
City of Georgetown, Texas
Animal Shelter Advisory Board
November 12, 2020
S UB J E C T:
Dis cus s ion on how this virtual conferenc e will be conduc ted, to include options for public comments and
how the public may address the Board--April Haughey, Animal S ervices Manager (Board Liais on)
IT E M S UMMARY:
F IN AN C IAL IMPAC T:
n/a
S UB MIT T E D B Y:
April Haughey, Animal S ervices Manager (Board Liais on)
Page 4 of 37
City of Georgetown, Texas
Animal Shelter Advisory Board
November 12, 2020
S UB J E C T:
P res entation of Animal S ervices S tatis tic s for O c tober 2020--April Haughey, Animal S ervices Manager
(Board Liais on)
IT E M S UMMARY:
F IN AN C IAL IMPAC T:
n/a
S UB MIT T E D B Y:
April Haughey, Animal S ervices Manager (Board Liais on)
Page 5 of 37
City of Georgetown, Texas
Animal Shelter Advisory Board
November 12, 2020
S UB J E C T:
P res entation of current status es of open Animal C ontrol O ffic er and part-time Veterinarian pos itions --April
Haughey, Animal S ervic es Manager (Board Liaison)
IT E M S UMMARY:
F IN AN C IAL IMPAC T:
n/a
S UB MIT T E D B Y:
April Haughey, Animal S ervices Manager (Board Liais on)
Page 6 of 37
City of Georgetown, Texas
Animal Shelter Advisory Board
November 12, 2020
S UB J E C T:
P res entation of s tatus of c urrent facilities projec ts--April Haughey, Animal S ervic es Manager (Board
Liais on)
IT E M S UMMARY:
F IN AN C IAL IMPAC T:
n/a
S UB MIT T E D B Y:
April Haughey, Animal S ervices Manager (Board Liais on)
Page 7 of 37
City of Georgetown, Texas
Animal Shelter Advisory Board
November 12, 2020
S UB J E C T:
Dis cus s ion on November 10th presentation of ordinanc es c hanges to C ouncil--April Haughey, Animal
S ervic es Manger (Board Liaison)
IT E M S UMMARY:
F IN AN C IAL IMPAC T:
n/a
S UB MIT T E D B Y:
April Haughey, Animal S ervices Manager (Board Liais on)
Page 8 of 37
City of Georgetown, Texas
Animal Shelter Advisory Board
November 12, 2020
S UB J E C T:
At the time of pos ting, no persons had signed up to addres s the board.
IT E M S UMMARY:
F IN AN C IAL IMPAC T:
n/a
S UB MIT T E D B Y:
April Haughey, Animal S ervices Manager (Board Liais on)
Page 9 of 37
City of Georgetown, Texas
Animal Shelter Advisory Board
November 12, 2020
S UB J E C T:
C onsideration and pos s ible ac tion to approve minutes from O c tober 2020--Melissa S heldon, Board C hair
IT E M S UMMARY:
F IN AN C IAL IMPAC T:
n/a
S UB MIT T E D B Y:
April Haughey, Animal S ervices Manager (Board Liais on)
Page 10 of 37
City of Georgetown, Texas
Animal Shelter Advisory Board
November 12, 2020
S UB J E C T:
C onsideration and pos s ible ac tion to rec ommend propos ed c hanges to the Animal O rdinanc e--April
Haughey, Animal S ervic es Manager (Board Liaison)
IT E M S UMMARY:
At its O c t. 8 meeting, the Animal S helter Advisory Board was briefed on propos ed c hanges to the C ity's
Animal O rdinanc es . T he proposed changes :
Minor c hanges to definitions and wording for greater clarity and alignment with S O P s . Adds
definition of Loc al R abies C ontrol Authority. P rovides clarific ation on elec tric fences as a means of
res traint
R emoves breeders from kennel permit requirements.
Adds transition area requirements for temporary petting zoos .
Extends timing of mandatory spay or neuter to 30 days .
C hanges chapter of deer feeding ordinanc e.
Addition of beekeeping ordinance.
R emoval of animal services fees from ordinance.
F IN AN C IAL IMPAC T:
n/a
S UB MIT T E D B Y:
April Haughey, Animal S ervices Manager (Board Liais on)
AT TAC H ME N T S:
Description Type
Current Animal Ordinances Cover Memo
Page 11 of 37
Title 7 - ANIMALS[1]
Footnotes:
--- (1) ---
Editor's note— Ord. No. 2013-21, § 3(Exh. A), adopted May 14, 2013, amended Title 7 in its entirety to
read as herein set out. Formerly, Title 7, Chapters 7.01—7.07, pertained to similar subject matter, and
derived from Ord. No. 95-10, § 2; Ord. No. 2001-50, § 2(Exh. A); Ord. No. 2006-66, §§ 2, 3, 6—19; Ord.
No. 2006-148, §§ 2—9; Ord. No. 2007-86, § 2; Ord. No. 2008-37, § 2; Ord. No. 2009-13, § 3, and Ord.
No. 2012-56, §§ 3, 4.
CHAPTER 7.01. - DEFINITIONS
Sec. 7.01.010. - Definitions.
When used in the City of Georgetown Code of Ordinances, Title 7, the following words and terms,
unless the context indicates a different meaning, shall be interpreted as follows:
"Alter" or "altered" means to spay or neuter an animal.
"Animal" means any living, nonhuman vertebrate creature, both domestic and wild.
"Animal Services Department" means the Animal Services Department of the City of Georgetown,
Texas.
"Animal Services Officer" means a person designated by the City as the primary enforcement officer
of City of Georgetown Code of Ordinances regulating animals and owners of animals and for the
enforcement of State law pertaining to the care and control of animals.
"Animal Services Manager" means the Animal Services Manager of the City or designee.
"Animal shelter" means facility designated and/or operated by the City for the purpose of impounding
and caring for animals held under authority of this Title.
"Animal welfare organization" means a not for profit entity that exists for the purpose caring for
placing animals through adoption.
"At large" means:
(1) On premises of owner, any animal not confined to the premises of the owner by some physical
means of sufficient height, strength, length and/or manner of construction to preclude the animal
from leaving the premises of the owner; or
(2) Off premises of owner, any animal not physically and continually restrained and under the
immediate control of a person physically capable of restraining the animal; provided, however,
that any animal confined within an automobile or other vehicle, or in an enclosure so as not to
escape shall not be deemed at large.
"Bodily injury" means physical pain, illness, or any impairment of physical condition.
"Cat" means any domesticated feline or member of the family Felis domestica, and unless otherwise
set forth, shall include a "kitten."
"Coop" means a secure small enclosure or cage for poultry.
"Dangerous animal" means:
1. An animal that is known to carry or be susceptible to the rabies virus and that cannot be
effectively vaccinated against the rabies virus with any vaccine approved by the Texas
Department of Health;
2. A wild animal that has attacked a human or which is apprehended or observed unrestrained;
Page 12 of 37
3. A venomous or carnivorous fish or reptile;
4. Any fish or reptile that grows over six feet in length; or
5. Such other class of animals as may be determined to be a dangerous animal by Animal
Services Department or any other animal which may be added in the future to the list as a high
risk animal in the Texas Rabies Control Act, as amended.
"Domestic animal" means an animal whose physiology has been determined or manipulated through
selective breeding and does not occur naturally in the wild, an animal which can be vaccinated against
rabies with an approved rabies vaccine or an animal which has an established rabies quarantine
observation period.
"Dog" means any domesticated canine or member of the family Canis lupus familiaris, and unless
otherwise specifically set forth, shall include a "puppy."
"Exotic animal" means an animal, reptile, fish, or bird, born or whose natural habitat is considered to
be outside the continental United States.
"Harbor" means the act of keeping and caring for an animal or the act of providing a premises to
which an animal returns for food, shelter or care for a period of at least three days.
"Hen" means a female domestic chicken and does not inc lude guinea hens.
"Kennel" means any facility where more than five dogs or cats or any combination of five cats and
dogs are being kept for boarding, training or breeding purposes.
"Livestock" means any species of domestic animal that is primarily cared for or kept on a farm or
other rural setting, including but not limited to poultry, horses, cows, sheep, goats, swine and other
hoofed animals, including miniature breeds.
"Multiple pet owner" means a person who keeps or harbors more than five cats or dogs or any
combination of five cats and dogs. Puppies and kittens under four months of age shall not be counted for
purposes of this definition.
"Owner" means any person having temporary or permanent custody of, sheltering or having charge
of, harboring, exercising control over, or having property rights to, an animal.
"Person" means an individual, association, partnership, corporation, trust, estate, joint-stock
company, foundation, or any other entity.
"Poultry" means all domesticated fowl and all game b irds which are legally kept in captivity.
"Prohibited animals" means lions, tigers, ocelots, cougars, leopards, cheetahs, jaguars, hyenas,
bears, lesser pandas, ferrets born in natural habitats, binturong, ostriches, emus, miniature pigs, apes,
venomous reptiles, nonvenomous reptiles over six feet in length, alligators , crocodiles, elephants,
rhinoceroses, skunks, raccoons, foxes, coyotes, bats, wolves or any hybrid of these animals.
"Rabies vaccination" means the vaccination of a dog, cat or other domest ic animal with an anti-
rabies vaccine approved and administered in accordance with Title 25 of the Texas Administrative Code,
Part I, Chapter 169, Subchapter A, Section 169.22.
"Registered dangerous dog" means any dog registered with the City in compliance with V.T.C.A.,
Health and Safety Code Ch. 822, Subch. D, and with Chapter 7.05 of this Title.
"Rooster" means a male domestic chicken.
"Secure enclosure" means a fenced area or structure that is:
1. Locked;
2. Capable of preventing the entry of the general public, including children; and
3. Capable of preventing the escape or release of the animal.
Page 13 of 37
"Serious bodily injury" means 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 or not the person actually sought
medical treatment.
"Severe injury" means an injury characterized by severe bite wounds or severe ripping and tearing of
muscle.
"Stray animal" means any animal, for which there is no identifiable owner, that is found to be at large
within the City limits.
"Theatrical exhibition" means any exhibition or act featuring performing animals. Theatrical
exhibitions shall not include resident or nonresident dog and cat shows which are sponsored and/or
sanctioned by the American Kennel Club, the United States Kennel Club, the Cat Fanciers Association,
American Cat Fanciers Association, the International Cat Fanciers Association, or affiliates. Theatrical
exhibition does not include a primary horse show.
"Transfer" means sell, give away, trade, barter, or make an animal available for adoption, but does
not include transfer to a rescue organization or foster home.
"Unprovoked attack" means that the animal was not hit, kicked, teased, molested or struck by a
person with an object or part of a person's body, nor was any part of the animal's body pulled, pinched or
squeezed by a person.
"Veterinarian" means a person licensed by the State of Texas to practice veterinary medicine in
Texas.
"Wild animal" means all species of animals which exist in a natural, unconfined state and are usually
undomesticated, including any part wild animal or hybrid.
(Ord. No. 2013-21, § 3(Exh. A))
CHAPTER 7.02. - LICENSES AND PERMITS
Sec. 7.02.010. - Animal licenses.
A. All dogs and cats four months of age or older which are kept or harbored within the City limits shall
be licensed with the Animal Services Department. The license record shall include the name,
address and telephone number of the owner, and the type, breed, color, name and sex of the cat or
dog to be licensed and the name, address and telephone number of the veterinarian that vaccinated
the animal against rabies. Animal licenses shall be valid for one year after the date of issue. A
person must license a dog or cat before the dog or cat is transferred to a person residing within the
City limits.
B. Upon payment of the required fee and presentation of proof of rabies vacci nation in accordance with
Section 7.07.010, the City shall issue to the owner a license certificate and metal tag having stamped
the number corresponding with the number of the certificate. Such tag shall at all times be securely
attached to a collar or harness around the neck of the dog or cat. If a tag is lost, a duplicate will be
issued by the Animal Services Department or designee upon presentation of the receipt showing the
payment of license fee for the calendar year. Tags shall not be transferable fr om one animal to
another, and no fee refunds shall be made.
(Ord. No. 2013-21, § 3(Exh. A))
Sec. 7.02.020. - Kennel permit; requirements.
Page 14 of 37
A. A person owning, harboring, or keeping more than five cats or dogs or any combination of five cats
or dogs for boarding, training or breeding purposes shall obtain a kennel permit. Puppies and kittens
under four months of age shall not be counted for purposes of this Section.
B. Upon inspection of the premises by the Animal Services Department and payment of the required
fee, the kennel permit shall be issued if the following conditions are met:
1. The facility must be adequate for the number and type of animals to be kept;
2. The facility must be of sufficient size, in proportion to the animal size, to allow each animal to
move about freely;
3. Adequate food and water must be provided so that each animal kept shall be maintained in
good health and free of malnutrition and dehydration;
4. The premises shall be kept in a sanitary condition and reasonably free of animal waste,
parasites, insects and flies that could be harmful to the animal health and/or to the health of the
general public;
5. The animals and the facility must be kept free of odor or stench which is offensive to a person of
ordinary sensibilities;
6. Each animal must be maintained in a manner that does not pose a danger to the health of the
animal or to adjacent animals;
7. The animals must not cause noise which is offensive or disturbing to a person of ordinary
sensibilities;
8. The applicant or holder of the kennel permit shall not have been iss ued citations for violation of
this Chapter on two separate occasions;
9. No animal covered by or to be covered by the kennel permit has been impounded on two
separate occasions; and
10. No animal may be bred on or transferred from a boarding kennel.
C. The kennel permit shall be valid for one year from date of issuance.
(Ord. No. 2013-21, § 3(Exh. A))
Sec. 7.02.030. - Multi-pet permit; requirements.
A. A person owning, harboring, or keeping more than five cats or dogs or any combination of five cat s
or dogs shall obtain a multi-pet ownership permit. Puppies and kittens under four months of age shall
not be counted for purposes of this Section.
B. Upon inspection of the premises by the Animal Services Department and payment of the required
fee, the multi-pet owner permit shall be issued if the following conditions are met:
1. The animals to be covered by the multi-pet permit must be altered;
2. The premises must be adequate for the number and type of animals to be kept;
3. The facility must be of sufficient size, in proportion to the animal size, to allow each anim al to
move about freely;
4. Adequate food and water must be provided so that each animal kept shall be maintained in
good health and free of malnutrition and dehydration;
5. The premises shall be kept in a sanitary condition and reasonably free of anim al waste,
parasites, insects and flies that could be harmful to the animal health and/or to the health of the
general public;
Page 15 of 37
6. The animals and the facility must be kept free of odor or stench which is offensive to a person of
ordinary sensibilities;
7. Each animal must be maintained in a manner that does not pose a danger to the health of the
animal or to adjacent animals;
8. The animals must not cause noise which is offensive or disturbing to a person of ordinary
sensibilities;
9. The applicant or holder of the multi-pet permit shall not have been issued citations for violation
of this Chapter on two separate occasions; and
10. No animal covered by or to be covered by the multi-pet permit has been impounded on two
separate occasions.
C. The multi-pet permit shall be valid for one year from date of issuance.
(Ord. No. 2013-21, § 3(Exh. A))
Sec. 7.02.040. - Commercial sales permit; requirements.
A. All individuals engaged in the commercial sale of any dogs or cats, including but not limited to, pet
stores and stores in which pets and animals are not the central item of sale within the store, shall
obtain a commercial sales permit.
B. Upon inspection of the premises where the animals are to be sold by the Animal Services
Department and payment of required fee, the permit shall be issued if the following conditio ns are
met:
1. The facility must be adequate for the number and type of animals to be kept;
2. The facilities shall be of sufficient size, in proportion to the animal size, to allow each animal to
move about freely;
3. Adequate food and water must be provided so that each animal kept shall be maintained in
good health and free of malnutrition and dehydration;
4. The premises shall be kept in a sanitary condition and reasonably free of animal waste,
parasites, insects and flies that could be harmful to the animal health and/or to the health of the
general public;
5. The animals and the facility must be kept free of odor or stench which is offensive to a person of
ordinary sensibilities;
6. Each animal must be maintained in a manner which does not pose a danger to the health of the
animal or adjacent animals;
7. The animals must not cause noise which is offensive or disturbing to a person of ordinary
sensibilities;
8. Each animal transferred shall be accepted for return at no cost within one yea r of the date of the
transfer. Each animal returned must be properly rehomed by the commercial sales permit
holder, and a record of the rehoming location shall be kept and made available to the Animal
Services Department upon request;
9. All dogs and cats transferred must be microchipped and the microchip manufacturer and
number shall be kept on record and made available to the Animal Services Department upon
request;
10. The applicant of the commercial sales permit has not been issued citations for vio lation of this
Chapter on two separate occasions within a one-year period;
11. All animals sold or transferred shall be a minimum of eight weeks of age; and
Page 16 of 37
12. Each animal transferred shall be born and raised until at least eight weeks of age in Williamson
County or surrounding counties at a facility operating and licensed pursuant to all applicable
Federal, State, and local laws and regulations.
C. The commercial sales permit shall be valid for one year from date of issuance.
(Ord. No. 2013-21, § 3(Exh. A))
Sec. 7.02.050. - Revocation or suspension of permits.
A. A kennel, multi-pet, or commercial sale permit may be revoked by the Animal Services Department if
upon investigation it is determined that the permit holder has failed to adhere to any of the permit
requirement.
B. Upon revocation of a permit, the owner of the animals covered in the revoked per mit shall transfer
those animals from the City limits within 30 days and provide written notice to the Animal Services
Department of the location to which the animals will be transferred. If the owner does transfer each
animal within the 30-day period, the Animal Services Department shall have the authority to impound
the animals.
(Ord. No. 2013-21, § 3(Exh. A))
Sec. 7.02.060. - Violation of permit requirements.
Failure to comply with a permit requirement shall constitute a violation of this Chapter and each day
of noncompliance shall constitute a separate offense.
(Ord. No. 2013-21, § 3(Exh. A))
CHAPTER 7.03. - CARE AND KEEPING
Sec. 7.03.010. - Cruel treatment prohibited.
No person shall:
A. Beat, torment, mentally or physically abuse, overload, overwork, or otherwise abuse an animal;
B. Cause or instigate any attack, fight, altercation, or combat between animals or between animals
and humans;
C. Confine an animal in a manner which would cause the animal pain or suffering or would
endanger the health or safety of the animal;
D. Leave any animal in a standing or parked vehicle in such a way as to endanger the animal's
health or safety or leave an animal in a standing or parked vehicle when the outside
temperature may cause distress or endanger the animal's health or safety; or
E. Abandon an animal in their custody.
(Ord. No. 2013-21, § 3(Exh. A))
Sec. 7.03.020. - Providing care required.
No person shall fail to provide proper care to any animals in their custody. Proper care shall include
but not be limited to providing:
Page 17 of 37
A. Humane care and treatment;
B. Sufficient quantity of good and wholesome food to meet the animal's health requirements;
C. Access to clean, potable drinking water;
D. Medical care to maintain health and to prevent suffering when necessary;
E. Grooming, when necessary, to ensure the health of the animal;
F. Adequate shade to provide protection from the sun to shield the animal from becoming
overheated; however, this provision does not apply to livestock;
G. Adequate shelter from all weather conditions consisting of a structure w ith walls, a roof, and a
floor; however, this provision does not apply to livestock;
H. Outdoor kennel runs or other enclosures with at least 150 square feet of space per animal; and
I. Adequate daily exercise for dogs restrained in outdoor kennels or other enclosures.
(Ord. No. 2013-21, § 3(Exh. A))
Sec. 7.03.030. - Report of vehicular collision with domestic animal.
Any person who, as the operator of a motor vehicle, strikes a domestic animal shall immediately
report such collision to the animal's owner or; in the event the owner cannot be ascertained and located,
such operator shall report the accident to the Animal Services Department.
(Ord. No. 2013-21, § 3(Exh. A))
Sec. 7.03.040. - Chaining, tethering, or restraining dogs.
A. A person may not chain or tether a dog with any restraint unless said person is holding the restraint,
except:
1. During a lawful animal event, such as walking on a leash, veterinary treatment, groomi ng,
training, or law enforcement activity; or
2. As required to protect the safety or welfare of a person or the dog, and the owner or handler
remains with said dog throughout the period of restraint.
B. A person restraining a dog shall attach the rest raint to a properly fitting collar or harness worn by the
dog. A person may not wrap a chain or tether or other restraint directly around a dog's neck. A
person may not manage a dog with a restraint that weighs more than 1/18 of the dog's body weight.
The restraint used to manage a dog must, by design and placement, be unlikely to become tangled.
(Ord. No. 2013-21, § 3(Exh. A))
Sec. 7.03.050. - Theatrical exhibits.
A. All theatrical exhibits shall, in addition to other requirements of this Title, comply with the following
minimum standards:
1. Facilities shall be subject to inspection by an Animal Services Officer during reasonable hours
or at any hour in cases of emergency;
2. The Animal Services Department shall be notified of all displays or perfo rmances, including
date, time and exact location at least 48 hours in advance of a display or performance;
Page 18 of 37
3. Animal quarters shall be of sufficient size to allow each animal to stand up, lie down and turn
around in a natural position without touching the sides, top, any other animal, or waste;
4. Each enclosure shall be maintained at a comfortable and safe temperature with adequate
ventilation and access to clean, potable drinking water;
5. No animal shall be made to perform by means of any prod, stick, electrical shock, chemical or
physical force or by causing pain or discomfort, but a whip or riding crop may be used so long
as no injury or abuse is inflicted on the animal; and
6. No animal shall perform or be displayed in any unsafe situation pres enting the danger of
physical injury to an animal or person.
(Ord. No. 2013-21, § 3(Exh. A))
Sec. 7.03.060. - Award and incentive use prohibited.
No person shall give away any live animal as an award, prize or as an incentive to enter any contest,
game or other competition, attract entry into a place of business, or attract engagement into any business
agreement.
(Ord. No. 2013-21, § 3(Exh. A))
CHAPTER 7.04. - ANIMAL CONTROL
Sec. 7.04.010. - Animals at large.
A. It shall be unlawful and constitute a nuisance for the owner of any animal, other than a cat, to permit
or allow such animal to run at large within the City limits.
B. It shall be unlawful and constitute a nuisance for the owner of a cat that has not been altered or
vaccinated for rabies to allow or permit such cat to run at large within the City limits.
(Ord. No. 2013-21, § 3(Exh. A))
Sec. 7.04.020. - Impoundment.
A. An Animal Services Officer, Police Officer, or designee may impound any animal at large or any
animal not receiving care required by Section 7.03.020 or being kept in violation of Section 7.03.010
on private property.
B. Dogs and cats with no traceable identification impounded by the Animal Services Department or
brought to the animal shelter by a person other than the ow ner of that animal shall be held for a
minimum of 72 hours during which time period the owner may present proof of ownership at the
animal shelter. After paying all applicable fees, that owner may reclaim the dog or cat. If the dog or
cat is not claimed after 72 hours in the animal shelter, the dog or cat shall become the property of the
City.
C. Dogs and cats wearing traceable identification or whose owner is known impounded by the Animal
Services Department or brought to the animal shelter by a person other than the owner of that
animal shall be held in the shelter for a minimum of seven complete day s from the time the animal
enters the facility, during which time the Animal Services Department will notify the owner of the
impoundment. The animal shall become the property of the City on the eighth day unless, with
approval of the Animal Services Manager, the following provisions are met:
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1. The owner has notified the Animal Services Department in writing of the owner's intentions to
claim the dog/cat after the eighth day;
2. The owner provides a date by which time that owner will reclaim the dog/ca t and actually claims
the dog/cat on or before the provided date; and
3. The owner pays all applicable fees.
D. Impounded animals shall be implanted with a microchip at the owner's expense and the ID number
will be kept on file for future identification purposes.
E. All animals surrendered by the owner to the Animal Services Department shall become the property
of the City immediately upon completion of the owner surrender form.
F. Animals other than dogs or cats impounded by the Animal Services Department or brought to the
animal shelter by a person other than the owner shall be held for a minimum of 72 hours during
which time period the owner may present proof of ownership at the animal shelter. After paying all
applicable fees, that owner may reclaim the animal. If the animal is not claimed after 72 hours in the
animal shelter, the animal shall become the property of the City.
(Ord. No. 2013-21, § 3(Exh. A))
Sec. 7.04.030. - Restrictions on return of certain animals.
A. If a complaint has been filed in Municipal Court for a violation of this Title the animal shall not be
released while the case is pending to the owner except on the order of the Animal Services
Department, which may also direct the owner to pay any penalties for violation of this Title in addition
to all impoundment fees.
B. Surrender of an animal by the owner to the Animal Services Department does not relieve or re nder
the owner immune from the decision of the Municipal Court, nor from the fees and fines which may
result from a violation of this Title.
(Ord. No. 2013-21, § 3(Exh. A))
Sec. 7.04.040. - Disposition of surrendered and unclaimed animals; adoption.
A. Any person adopting an animal shall be required to sign an adoption contract. The person adopting
the animal shall be provided a list of fees related to the adoption prior to the adoption contract being
signed.
B. Animals that are adopted from the animal shelter shall be surgically altered to prevent reproduction.
If an animal has not been altered before it leaves the animal shelter, the person adopting the animal
shall sign an adoption contract stating that he/she will have the animal surgically altered and agree to
the date by which the surgery must be performed. The person adopting the animal shall provide
proof of alteration to the Animal Services Department within 30 days of the agreed surgery date.
C. Adopted animals shall be implanted with microchips at owner's expense and the ID number is kept
on file for future identification purposes.
D. The adoption fee shall include the cost of surgically altering, medi cating, vaccinating and preparing
the animal for adoption.
E. Failure to comply with this Section or failure to comply with the terms of the adoption contract
constitutes a violation of this Title and shall give the Animal Services Department the right t o recover
the adopted animal and revoke the adoption contract.
Page 20 of 37
F. An animal that is not adopted or transferred to an appropriate agency shall be euthanized by an
injection of substances approved for euthanasia by the American Veterinary Medical Associati on
and/or the Texas Veterinary Medical Association to be administered in compliance with State law.
G. Animals listed as endangered or protected shall be transferred to an appropriate authority at the
earliest possible date.
(Ord. No. 2013-21, § 3(Exh. A))
Sec. 7.04.050. - Subsequent impoundments.
A. Except as provided in Subsections C. or D., an owner, or the owner's designee, who redeems an
animal, six months of age or older, for a second or subsequent impound within 18 months of the first
impound shall provide proof that the animal has been altered prior to the release of the animal. If
proof that the animal is altered is not provided, the owner shall pay a veterinary clinic for the cost of
surgically altering the animal and present a receipt of payment to the Animal Control Department
prior to release of the animal. The animal shall be altered within 14 days after the release of the
animal. The owner shall provide proof of the animal's alteration to the Animal Services Department
within 30 days of release.
B. Alteration may be postponed for a period not to exceed 90 days after release in cases of fem ale
animals in estrus or pregnant.
C. If the owner pays the intact animal fee at the time of redeeming the ani mal, alteration shall not be
required. However, if an animal for which an intact animal fee has been paid is subsequently
impounded within 18 months, the animal shall be surgically altered pursuant to Subsection A.
D. An owner, or the owner's designee, who redeems an animal, for a second or subsequent impound
within 18 months of the first impound shall provide proof that the animal has received a rabies
vaccination prior to the release of the animal. If proof that the animal has received a rabies
vaccination is not provided, the owner shall pay a veterinary clinic for the cost of a rabies vaccination
and present a receipt of payment to the Animal Control Department prior to release of the animal.
The animal shall receive the rabies vaccination within 14 days after the release of the animal. The
owner shall provide proof of the rabies vaccination to the Animal Services Department within 30 days
of release.
(Ord. No. 2013-21, § 3(Exh. A))
Sec. 7.04.060. - Confinement during estrus.
An unaltered female dog or cat in the state of estrus (heat) shall be confined during such period of
time in a house, building, or secure enclosure and the area of encl osure shall be constructed so that no
other dog or cat may gain access to the confined animal. An owner who does not comply shall be ordered
to immediately remove the animal to a veterinary hospital, or the animal shelter. Failure to comply with the
removal order of the Animal Services Department shall be a violation of this Title and the dog or cat shall
be impounded. The owner of the animal shall pay all cost and expense incurred as a result of the
impoundment.
(Ord. No. 2013-21, § 3(Exh. A))
Sec. 7.04.070. - Injured or diseased animal.
The Animal Services Department or designee is authorized to destroy an injured or diseased animal,
whether such animal is on public or private property.
Page 21 of 37
(Ord. No. 2013-21, § 3(Exh. A))
Sec. 7.04.080. - Tampering with traps and equipment prohibited.
No person shall remove, alter, damage or otherwise tamper with a trap or equipment belonging to or
set out by the Animal Services Department.
(Ord. No. 2013-21, § 3(Exh. A))
Sec. 7.04.090. - Roadside sales.
It shall be unlawful to transfer or display a live animal on a roadside, public right-of-way, sidewalk,
street, parkway or any other public property or any property dedicated to public use, a commercial
parking lot, or at an outdoor special sale, swap meet, flea market, parking lot sale or similar event.
Nothing in this Section shall prevent adoption events sponsored by an animal shelter or an animal welfare
organization.
(Ord. No. 2013-21, § 3(Exh. A))
Sec. 7.04.100. - Off-leash dog recreation areas.
Off-leash dog recreation areas shall be subject to rules and regulations established pursuant to
Chapter 12.20 of the Code of Ordinances.
(Ord. No. 2013-21, § 3(Exh. A))
Sec. 7.04.110. - Nuisances.
A. It shall be unlawful and constitute a nuisance for any person to:
1. Keep an animal on, in, or about his/her premises or a premises under his/her control and allows
said premises to become a hazard to the general health, safety and welfare of the community;
2. Allow his/her premises to give off obnoxious or offensive odors due to the activity or presence of
animals;
3. Place, cause to be placed, or allow to remain on or near his/her premises or the property of
another a dead animal;
4. Allow an animal to engage in conduct which establishes such animal as a "dangero us animal";
5. Allow an animal to damage, soil, defile or defecate on private property other than the owner's or
on public property unless such waste is immediately removed and properly disposed of by the
owner of the animal;
6. Allow an animal to cause a disturbance by excessive barking or noise making near the private
residence of another;
7. Produce odors or unclean conditions sufficient to annoy persons living in the vicinity;
8. Allow an animal to chase vehicles or molest, attack or interfere w ith other animals or persons on
public property or private property of another;
9. Allow food to remain outside unattended for an extended period of time so as to attract nuisance
animals;
10. Allow any animal other than a cat to run at large within the City limits;
Page 22 of 37
11. Allow any cat that has not been altered or vaccinated against rabies to run at large within the
City limits; or
12. Keep livestock, except as otherwise provided in Section 7.06.010, in any house, structure,
shed, pen, lot pasture, or other enclosure in the City limits within 200 feet of any private
residence or dwelling place or within 500 feet of any building or establishment open to the
public.
B. All alleged violations of this Section shall be reported for investigation to the Animal Services
Department. Enforcement of violations shall be pursuant to Chapter 7.08 of this Title.
(Ord. No. 2013-21, § 3(Exh. A))
Sec. 7.04.120. - Excessive noise prohibited.
A. Any person who shall harbor or keep on his/her premises, or in or about the premises under his/her
control, any animal which by loud continual or unusual noise of any kind which shall cause the peace
and quiet of the neighborhood or the occupant of adjacent premises to be disturbed shall be guilty of
a Class "C" misdemeanor, and a separate offense shall be deeded committed upon each day during
or on which such violation occurs or continues.
B. A person who is disturbed by excessive animal noise may file an application for complaint in
Municipal Court.
1. Applications for complaint filed by a person who has been disturbed by excessive animal noise
must be made in writing and must include the following information:
i. The name of the person who owns the animal making the alleged noise, if known; or, if the
name is unknown, a reasonably definite description of the animal owner;
ii. A description of the animal noise and how the noise is disturbing the peace and quiet of the
person making the complaint;
iii. The date of the alleged animal noise;
iv. The known or approximate location of the source of the animal noise; and
v. The signature of the person making the application for complaint.
2. The City shall provide application for complaint forms for use by persons wishing to file
applications for complaint under this Section. In addition, the City's Animal Services Department
will, upon request, aid a person in f illing out and filing an application for complaint form for
excessive animal noise.
(Ord. No. 2013-21, § 3(Exh. A))
CHAPTER 7.05. - DANGEROUS AND AGGRESSIVE DOGS
ARTICLE I. - DANGEROUS DOGS
Sec. 7.05.010. - State law; dangerous dogs.
A. The provisions of V.T.C.A., Health and Safety Code Ch. 822, Subch. D, as amended, are
incorporated into this Article and a violation of any provision of V.T.C.A., Health and Safety Code Ch.
822, Subch. D, as amended, is an offense under this Article.
B. Animal Services Department shall serve as the animal control authority for the City for purposes of
administering and enforcing this Article and V.T.C.A., Health and Safe ty Code Ch. 822, Subch. D, as
amended.
Page 23 of 37
C. Seizure, impoundment, and humane destruction of a dog that has caused death or serious bodily
injury to a person is governed by V.T.C.A., Health and Safety Code Ch. 822, Subch. A, as amended.
(Ord. No. 2013-21, § 3(Exh. A))
Sec. 7.05.020. - Dangerous dog incident.
Dangerous dog incident means an incident in which a dog:
A. Makes an unprovoked attack on a person that causes bodily injury and that occurs in a place
other than an enclosure in which the dog was being kept and that was reasonably certain to
prevent the dog from leaving the enclosure on its own; or
B. Commits unprovoked acts in a place other than an enclosure in which the dog was being kept
and that was reasonably certain to prevent the dog from leaving the enclosure on its own and
those acts caused a person to reasonably believe that the dog will attack and cause bodily
injury to that person.
(Ord. No. 2013-21, § 3(Exh. A))
Sec. 7.05.030. - Determination as a dangerous dog.
A. Upon receipt of a sworn, written complaint by any person of an incident described in Section
7.05.020, Animal Services Department shall investigate to determine if the dog is dangerous. The
sworn, written complaint must contain the following information:
1. Nature and date of the incident;
2. Location of the event;
3. Name and address of the owner of the dog in question; and
4. Description of the dog in question.
B. Animal Services Department may seize and impound the dog at the owner's expense pending the
determination of whether the dog is dangerous if:
1. The dog has caused bodily injury to any person; or
2. With due diligence, Animal Services Department cannot locate the owner of the dog. If the
owner of the dog has not been located before the 15th day after seizure and impound, Animal
Services Department may order the dog to be humanely destroyed.
C. Animal Services Department shall have authority to determine whether any dog has engaged in the
behaviors specified in Section 7.05.020. At the conclusion of Animal Services Department's
investigation, Animal Services Department shall:
1. Determine that the dog is not dangerous, and if the dog is impounded, waive any impou ndment
fees incurred and release the dog to its owner; or
2. Determine that the dog is dangerous and order its owner to comply with the requirements for
ownership of a dangerous dog set forth in Subsection 7.05.060 A. and, if the dog is impounded,
release the dog to its owner after compliance with all applicable requirements of Subsection
7.05.060 A.
D. If a dog is determined to be dangerous, Animal Services Department shall notify the dog owner, in
writing either in person or by certified mail, return receipt requested:
1. That the dog was determined to be a dangerous dog;
Page 24 of 37
2. What the owner must do to comply with requirements for ownership of a dangerous dog in the
City and to reclaim the dog, if impounded; and
3. That the owner has a right to appeal the determination of dangerousness.
E. An impounded dog determined by Animal Services Department to be dangerous must remain
impounded and will not be released to the owner until the owner pays all fees incurred for
impoundment of the dog and complies with all requirements for ownership of a dangerous dog set
forth in this Article.
F. If the owner of an impounded dog has not complied with Subsection E. within 30 days after a final
determination is made that an impounded dog is dangerous, then the dog becomes the property of
the City and may be humanely destroyed. For the purposes of this Chapter, final determination
means the date on which the Animal Services Department notified the owner of its determination that
the dog is dangerous, if said determination is not appealed or the date on which the Municipal Court
issues its order pursuant to Section 7.05.040.
(Ord. No. 2013-21, § 3(Exh. A))
Sec. 7.05.040. - Appeals; hearing.
A. If Animal Services Department determines that the dog is dangerous that decision is final unless the
owner files a written appeal with the Municipal Court wit hin 15 days after the date that written
notification was delivered that the dog has been determined to be dangerous.
B. The Municipal Court shall set a date, time and place for a hearing not later than ten days after
receipt of the appeal to determine the outcome of the appeal and provide written notification of the
hearing to the owner and Animal Services Department.
C. At the conclusion of the hearing, the Court may:
1. Uphold the determination by the Animal Services Department that the dog in question is a
dangerous dog and order:
i. The owner of the dog in question to permanently remove the dog in question from within the
City limits of Georgetown;
ii. The owner of the dog in question to comply with the requirements for keeping of a
dangerous dog set forth in Section 7.05.060; or
iii. Animal Services Department to humanely destroy the dog.
2. Find the dog is not a dangerous dog and order the dog released to the owner of the dog or a
person authorized to take possession of the dog.
(Ord. No. 2013-21, § 3(Exh. A))
Sec. 7.05.050. - Status of dog pending appeal.
A. If Animal Services Department has possession of the dog at the time the owner files an appeal of the
dangerous dog determination, Animal Services Department will maintain possession of the dog and
keep it in a secure and humane manner until final determination is made, unless the owner of the
dog requests custody of the dog in question and complies with Subsection 7.05.060 A.
B. If the owner of the dog has possession of the dog in question at the time the owner files an appeal of
the dangerous dog determination:
1. The owner may keep possession of the dog until final determination has been made provided
that the owner satisfies the requirements of Subsection 7.05.060 A.3. and Subsection 7.05.060
A.8.;
Page 25 of 37
2. The owner may keep the dog confined at a licensed veterinary clinic, cost of which will be borne
by the owner, until final determination is made; or
3. The owner may surrender the dog to Animal Services Department representatives, and Animal
Services Department will maintain possession of the dog and keep it in a secure and humane
manner until a final determination is made.
C. If the owner violates the requirements of Subsection 7.05.060 A.3. or Subsection 7.05.060 A.8. while
the appeal is pending, an Animal Services Department representative will impound the dog and it will
be kept by Animal Services Department in a secure and humane manner until final determination is
made.
(Ord. No. 2013-21, § 3(Exh. A))
Sec. 7.05.060. - Requirements for keeping a dangerous dog.
A. Not later than the 30th day after a person learns of the final determination that the person is the
owner of a dangerous dog, the person shall:
1. Register the dangerous dog with Animal Services Department;
2. Obtain liability insurance coverage or show financial responsibility in the amount of at least
$100,000.00 to cover damages resulting from an attack by the dangerous dog causing bodily
injury to a person and provide proof of the required liability ins urance coverage or financial
responsibility to Animal Services Department;
3. Provide a secure enclosure that will prevent the dog from leaving the enclosure on its own and
will reasonably prevent any persons except the owner of the dog from entering the enclosure.
Such enclosure must be inspected and approved by Animal Services Department before the
dog is registered with Animal Services Department;
4. Obtain and maintain a current City pet license;
5. Post a clearly visible sign on the secure enclos ure in which the dog is kept identifying the
presence of a dangerous dog on the property. The sign should be readable from any public
sidewalk or street adjacent to the enclosure;
6. Provide proof that the dog has been surgically altered;
7. Affix a tag provided by Animal Services Department to the collar of the dangerous dog and
ensure it remains in place; and
8. When removed from its secure enclosure, muzzle the dog in a way to not cause in jury to the
dog, nor interfere with the dog's vision or breathing, but to prevent the dog from biting another
animal or a person and restrain the dog at all times on a leash capable of restraining the dog
without breaking and not more than six feet in length.
B. Prior to selling or moving a dog registered with Animal Services Department as a dangerous dog,
the owner must notify Animal Services Department of the intention to move the dog and provide
Animal Services Department with a clear description of the location where the dog is to be moved.
C. Any person bringing a dog into the City limits that has been determined dangerous by another
animal control agency must notify Animal Services Department of the presence of the dangerous
dog and then comply with all the requirements for the keeping of a dangerous dog set out in this
Article.
D. The owner of a dangerous dog who does not comply with Subsection A. shall deliver the dog to
Animal Services Department no later than the 30th day after the owner learn s that the dog is a
dangerous dog.
(Ord. No. 2013-21, § 3(Exh. A))
Page 26 of 37
Sec. 7.05.070. - Violation of requirements for keeping of a dangerous dog.
A. On receiving a report that the owner of a dangerous dog has failed to comply with Section 7.05.060,
Municipal Court shall set a time for a hearing to determine whether the owner of the dog has
complied with Section 7.05.060. The hearing must be held not later than the tenth day after receipt of
the report.
B. Municipal Court shall give written notice of the time and place of the hearing to:
1. The owner of the dangerous dog; and
2. The person who made the complaint or report.
C. Any interested party, including the City Attorney, is entitled to present evidence at the hearing.
D. If Municipal Court finds after notice and hearing that the owner of a dangerous dog has failed to
comply with Section 7.05.060, the Court shall order Animal Services Depart ment to seize the dog
and shall issue a warrant authorizing the seizure. Animal Services Department shall seize the dog
and impound the dog in secure and humane condit ions.
E. The owner shall pay any cost or fee assessed by Animal Services Department related to the seizure,
acceptance, impoundment or destruction of the dog.
F. Municipal Court shall order Animal Services Department to humanely destroy the dog if the owner
has not complied with Subsection 7.05.060 A. before the 11th day after the date on which the dog
was seized. The Court shall order the authority to return the dog to the owner if the owner complies
with Subsection 7.05.060 A. before the 11th day after the date on which the dog was seized.
G. Municipal Court may order the humane destruction of the dog if the owner of the dog has not been
located before the 15th day after the seizure and impoundment of the dog.
H. An owner or person filing the action may appeal the decision in the manner provided for the appeal
of cases from Municipal Court.
(Ord. No. 2013-21, § 3(Exh. A))
Sec. 7.05.080. - Defense to determination of a dangerous dog.
A. It is a defense to prosecution under this Division that the person is a veterinarian, a peace officer, a
person employed by a recognized animal shelter or person employed by the State or a political
subdivision of the State to deal with stray animals and has temporary ownership, custody or control
of the dog; provided, however, that for any person to claim a defense under this Section, that person
must be acting within the course and scope of his or her official duties with regard to the dangerous
dog.
B. It is a defense to prosecution under this Division that the person is an employee of the Institutional
Division of the Texas Department of Criminal Justice or of a law en forcement agency and trains or
uses dogs for law enforcement or corrections purposes; provided, however, that for any person to
claim a defense under this Section, that person must be acting within the course and scope of his or
her official duties with regard to the dangerous dog.
C. It is a defense to prosecution under this Division that the dog at issue is a trained guard dog in the
performance of official duties while confined or under the control of its handler.
(Ord. No. 2013-21, § 3(Exh. A))
Sec. 7.05.090. - Violations.
Page 27 of 37
A. A person who owns or keeps custody or control of a dangerous dog commits an offense if the
person fails to comply with any section of this Article.
B. An offense under this Chapter is punishable by a fine not to exceed $2,000.00.
(Ord. No. 2013-21, § 3(Exh. A))
ARTICLE II. - AGGRESSIVE DOGS
Sec. 7.05.100. - Aggressive dog classifications.
The following classifications shall be based upon specific behaviors exhibited by a dog:
A. Level 1 behavior is established if a dog at large is found to menace, chase, display threatening
or aggressive behavior.
B. Level 2 behavior is established if a dog, while at large, causes a severe injury to any domestic
animal or livestock except poultry.
C. Level 3 behavior is established if:
1. A dog, while at large, kills or causes the death of any domestic animal or livestock except
poultry; or
2. A dog classified as a Level 2 aggressive dog that repeats the behavior in Subsection B.
after the owner or keeper receives notice of the Level 2 classification.
(Ord. No. 2013-21, § 3(Exh. A))
Sec. 7.05.110. - Aggressive dog determination and classification.
A. Upon report by any person, Animal Services Department shall investigate to determine if a dog has
exhibited the specific behaviors in Section 7.06.100.
B. Animal Services Department may seize and impound the dog at the owner's expense pending the
determination of whether the dog is aggressive if:
1. The dog has exhibited Level 3 behavior; or
2. With due diligence, Animal Services Department cannot locate the owner of the dog. If the
owner of the dog has not been located before the 15th day after seizure and impound, A nimal
Services Department may order the dog to be humanely destroyed.
C. At the conclusion of Animal Services Department's investigation, Animal Services Department shall:
1. Determine that the dog has not exhibit any of the specific behaviors establis hed in Section
7.06.100; or
2. Determine that the dog has exhibited a specific behavior in Section 7.06.100 and classify the
dog in the corresponding aggressive dog level, and order the owner to comply with the
requirements of ownership of said dog set forth in Section 7.06.140.
D. Animal Services Department shall have discretionary authority to refrain from classifying a dog as
aggressive, even if the dog has engaged in the behaviors specified in Section 7.06.100 if Animal
Services Department determines that the behavior was the result of the victim abusing or tormenting
the dog or was directed towards a trespasser or other similar mitigat ing or extenuating
circumstances.
E. Animal Services Department shall have the discretion to increase or decrease a classified dog's
restrictions based upon relevant circumstances.
Page 28 of 37
F. If the dog is classified as aggressive, Animal Services Department s hall notify the dog owner either
in person or by certified mail, return receipt requested:
1. That the dog was classified as aggressive;
2. The restrictions applicable to the dog based upon the classification; and
3. That the owner has the right to appeal the classification.
G. An impounded dog classified by Animal Services Department as aggressive must remain
impounded and will not be released to the owner until the owner pays all fees incurred for
impoundment of the dog and complies with all requirements for ownership set forth in Section
7.05.140.
H. If the owner of an impounded dog has not complied with Subsection E. within 30 days after a final
determination is made that an impounded dog is aggressive, then the dog becomes the property of
the City and may be humanely destroyed.
(Ord. No. 2013-21, § 3(Exh. A))
Sec. 7.05.120. - Appeals; hearing.
A. If Animal Services Department classifies a dog as aggressive that decision is final unless the owner
files a written appeal with the Municipal Court within 15 days after the date that written notification
was delivered that the dog has been classified as aggress ive.
B. The Municipal Court shall set a date, time and place for a hearing not later than ten days after
receipt of the appeal to determine the outcome of the app eal and provide written notification of the
hearing to the owner and Animal Services Department.
C. At the conclusion of the hearing, the Court may:
1. Uphold the classification by Animal Services Department that the dog in question is aggressive
and order:
i. The owner of the dog in question to comply with the requirements for keeping of a n
aggressive dog set forth in Section 7.05.140; or
ii. Animal Services Department to humanely destroy the dog.
2. Find the dog is not an aggressive dog and order the dog released to the owner of the dog or a
person authorized to take possession of the dog.
(Ord. No. 2013-21, § 3(Exh. A))
Sec. 7.05.130. - Status of dog pending appeal.
A. If Animal Services Department has possession of the dog at the time the owner files an appeal of the
aggressive dog determination, Animal Services Department will maintain possession of the dog and
keep it in a secure and humane manner until final determination is made, unless the owner of the
dog requests custody of the dog in question and complies with Section 7.05.140.
B. If the owner of the dog has possession of the dog in question at the time the owner files an appeal of
classification of the dog as aggressive:
1. The owner may keep possession of the dog until final determination has been made provided
that the owner keeps the dog in a secure enclosure that An imal Services Department deems to
be secure enough to prevent the dog from escaping;
2. The owner may keep the dog confined at a licensed veterinary clinic, cost of which will be borne
by the owner, until final determination is made; or
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3. The owner may surrender the dog to Animal Services Department representatives, and Animal
Services Department will maintain possession of the dog and keep it in a secure and humane
manner until a final determination is made.
C. If the owner fails to keep the dog in a secure enclosure required pursuant to Subsection E.1. while
the appeal is pending, an Animal Services Department representative will impound the dog and it will
be kept by Animal Services Department in a secure and humane manner until final determination is
made.
(Ord. No. 2013-21, § 3(Exh. A))
Sec. 7.05.140. - Regulation of aggressive dogs.
The owner of an aggressive dog shall comply with the following conditions:
A. Dogs classified as Level 1 dogs shall be restrained, so as not to be at large, by a physical
device or structure, in a manner that prevents the dog from reaching any public sidewalk, or
adjoining property and must be located so as not to interfere with the public's legal access to
the owner's premises whenever that dog is outside the owner's home and not on a leash.
Animal Services Department may also order sterilization of the animal.
B. Dogs classified as Level 2 dogs shall be confined within a secure enclosure whenever the dog
is not on a leash. The secure enclosure must be located so as not to interfere with the public's
legal access to the owner's premises. In addition, Animal Services Department may require the
owner or keeper to obtain and maintain proof of public liability insurance in the amount of
$100,000.00. In addition, the owner or may be required to complete a responsible pet
ownership or dog training program as prescribed by Animal Services Manager or the Municipal
Judge. Animal Services Department may order sterilization of the animal.
C. Dogs classified as Level 3 dogs shall be confined within a secure enclosure whenever the dog
is not on a leash. The secure enclosure must be located so as not to interfere with the public's
legal access to the owner's premises and the owner shall post a clearly visible sign on the
secure enclosure in which the dog is kept identifying the presence of a aggressive dog on the
property. The sign should be readable from any public sidewalk or street adjacent to the
property. In addition, the Animal Services Manager may require the owner or k eeper to obtain
and maintain proof of public liability insurance in the amount of $100,000.00. The owner shall
not permit the dog to be off the owner's or keeper's premises unless the dog is muzzled and
restrained by an adequate leash and under the control of a capable person. In addition, the
Animal Services Manager may require the owner to satisfactorily complete a pet ownership or
dog training program. The Animal Services Manager may order sterilization of the animal. The
Animal Services Manager, or upon appeal, the municipal judge, may order the animal be
humanely destroyed.
D. To ensure correct identification, all dogs that have been classified as aggressive shall be micro -
chipped and photographed, and shall be fitted with a special tag or collar determined by Animal
Services Department at the owner's expense.
E. The owner of a Level 3 aggressive dog shall not permit the warning sign to be removed from
the secure enclosure. The owner of any aggressive dog shall not permit the special tag or collar
to be removed from the dog. The owner of an aggressive dog shall not permit the dog to be
moved to a new address or change owners without providing the Animal Services Department
with ten days prior written notification.
(Ord. No. 2013-21, § 3(Exh. A))
Sec. 7.05.150. - Declassification.
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A. Declassification of Level 1 or Level 2 dogs will occur and the restrictions required by Section
7.05.140 may be removed when the following conditions have been met:
1. Level 1 or Level 2 dogs have been classified for o ne year without further incident;
2. There have been no violations of the specified regulations; and
3. If ordered by Animal Services Department or Municipal Judge at the time of classification:
i. The owner provides Animal Services Department with written certification of satisfactory
completion of obedience training for the aggressive dog with the owner or keeper; and
ii. The owner provides Animal Services Department with written verification that the classified
dog has been sterilized from a licensed veterinarian.
B. Declassification of Level 3 dogs will occur and the restrictions required by Section 7.05.140 may be
removed, with the exception that the dog must be confined in a secure enclosure w henever the dog
is not on leash when the following conditions have been met:
1. Level 3 dogs have been classified for two years without further incident;
2. There have been no violations of the specified regulations; and
3. If ordered by Animal Services Department or Municipal Judge at the time of c lassification:
i. The owner provides Animal Services Department with written certification of satisfactory
completion of obedience training for the aggressive dog with the owner or keeper; and
ii. The owner provides Animal Services Department with written verification that the classified
dog has been sterilized from a licensed veterinarian.
(Ord. No. 2013-21, § 3(Exh. A))
Sec. 7.05.160. - Defenses.
A. It is a defense to prosecution under this Division that the person is a veterinarian, a peace offic er, a
person employed by a recognized animal shelter or person employed by the State or a political
subdivision of the State to deal with stray animals and has temporary ownership, custody or control
of the dog; provided, however, that for any person to claim a defense under this Section, that person
must be acting within the course and scope of his or her official duties with regard to the aggressive
dog.
B. It is a defense to prosecution under this Division that the person is an employee of the Institut ional
Division of the Texas Department of Criminal Justice or of a law e nforcement agency and trains or
uses dogs for law enforcement or corrections purposes; provided, however, that for any person to
claim a defense under this Section, that person must be acting within the course and scope of his or
her official duties with regard to the aggressive dog.
C. It is a defense to prosecution under this Division that the dog at issue is a trained guard dog in the
performance of official duties while confined or under the control of its handler.
(Ord. No. 2013-21, § 3(Exh. A))
Sec. 7.05.170. - Violations.
A. A person who owns or keeps custody or control of an aggressive dog commits an offense if the
person fails to comply with any section of this Article.
B. An offense under this Chapter is punishable by a fine not to exceed $2,000.00.
Page 31 of 37
(Ord. No. 2013-21, § 3(Exh. A))
CHAPTER 7.06. - LIVESTOCK; WILD AND EXOTIC ANIMALS
Sec. 7.06.010. - Livestock.
A. It is unlawful and constitutes a nuisance to keep live stock, except as otherwise provided in this
Section, in any house, structure, shed, pen, lot pasture, or other enclosure in the City limits within
200 feet of any private residence or dwelling place or within 500 feet of any building or establishment
open to the public.
B. Hens. No person may keep more than eight hens in residential zoning districts of the City. A coop
must be located at least 20 feet of the private residence of another. All hens must be contained
within the owner's backyard. The owner shall provide written notice to the Animal Services Manager
indicating ownership of hens and location of the coop at least 20 feet from the private residence of
another. All coops must meet any applicable standards or permit requirements in the Unified
Development Code. Roosters are prohibited.
C. The restrictions in Subsections 7.06.010 A. and B. do not apply to: 1) propert y zoned as Agricultural
(AG) and Residential Estate (RE) according to the Zoning Ordinance of the City; or 2) to property
properly zoned or used (as in continuing use) as veterinary clinics or facilities or kennels that are for
the purposes of care or boarding livestock.
D. To assist with the identification and return of stray livestock, it is recommended that owners register
all livestock with Animal Services Department. Registration information shall include the owner's
contact information, identification of the type of animal, the quantity of livestock kept, and if
applicable, the ear tag number for each animal.
(Ord. No. 2013-21, § 3(Exh. A))
Sec. 7.06.020. - Prohibited wild and exotic animals.
A. It shall be unlawful to keep or harbor within the City limits individual species and/or subspecies of the
following animals: lions, tigers, ocelots, cougars, leopards, cheetahs, jaguars, hyenas, bears, lesser
pandas, ferrets from natural habitats, binturong, ostriches, emus, miniature pigs, Vietnamese pot
belly pigs, apes, venomous reptiles, nonvenomous reptiles over six feet in length, alligators,
crocodiles, elephants, rhinoceros, skunks, raccoons, foxes, coyotes, bats, wolfs, dangerous animals,
or any hybrid of these animals.
B. This Section does not apply to:
1. Zoological parks accredited by the American Association of Zoological Parks and Aquariums;
2. Federally licensed research institutions;
3. Any government agency or its employee who uses the animal for an agency related to
education, propagation, or behavior program;
4. A person holding a valid rehabilitation permit from the Texas Parks and Wildlife Department b ut
only for animals which are in rehabilitation and scheduled to be released to the wild.
(Ord. No. 2013-21, § 3(Exh. A))
Sec. 7.06.030. - Exhibitions of wild/exotic/dangerous animals prohibited.
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No person shall keep, or permit to be kept, on his premises any w ild, exotic or dangerous animal for
display or for exhibition purposes, whether gratuitously or for a fee. This Section shall not apply to
theatrical exhibits.
(Ord. No. 2013-21, § 3(Exh. A))
CHAPTER 7.07. - RABIES CONTROL
Sec. 7.07.010. - Vaccination and certificate.
A. Every dog or cat over the age of four months shall receive a rabies vaccination virus in accordance
with Tex. Admin. Code Title 25, Section 169.29. Livestock and domestic ferrets should be vaccinated
against rabies.
B. Upon rabies vaccination, the veterinarian shall issue and furnish to the owner of the animal:
1. An official rabies vaccination certificate; and
2. A corresponding rabies tag that the owner must attach to the collar or harness of the vaccinated
animal.
(Ord. No. 2013-21, § 3(Exh. A))
Sec. 7.07.020. - Reporting of potential rabies exposure.
A. Any person having knowledge of a potential rabies exposure to a human will report the incident to
the Animal Services Department immediately after the incident and indicate the location where the
animal may be found.
B. The custodian of an animal that has potentially exposed a human to rabies will place that animal in
quarantine or submit it for testing.
C. The Animal Services Department will investigate each potential rabies exposure and assure
appropriate resolution.
(Ord. No. 2013-21, § 3(Exh. A))
Sec. 7.07.030. - Quarantine required; methods.
A. Any dog, cat, or domestic ferret that has bitten a human or if there is probable cause to believe that
the dog, cat or domestic ferret has otherwise exposed a human to rabies shall be quarantined in
accordance this Chapter, V.T.C.A., Health and Safety Code Ch. 826, and Tex. Admin. Code Title 25
Section 169.27. The animal must be quarantined either at the Animal Shelter, or the owner may
exercise the option to quarantine the subject animal within 24 hours of notification to the Animal
Services Department in a Texas Department of Health approved facility including a licensed
veterinarian's clinic in the City which has faciliti es for isolation cages, or in a home quarantine as
provided in Subsection C.
B. Quarantine will be subject to the following conditions:
1. Quarantine shall begin at the time of the exposure and last for a period of ten days;
2. An unvaccinated dog, cat or domestic ferret should not be vaccinated during the observation
period; and
3. The animals must be observed twice daily for rabies symptoms during the observation period.
Page 33 of 37
C. Home Quarantine. The owner of the dog, cat or ferret may request permiss ion from the Animal
Services Department to place the animal in home quarantine if the following criteria are met:
1. A secure enclosure must be available at the home of the owner and must be approved by the
Animal Services Department;
2. The animal must have received a rabies vaccination and the time elaps ed since the most recent
rabies vaccination has not exceeded the manufacturer recommendations for the rabies vaccine.
If an unvaccinated animal is not over four months of age at the time of the bite or potential
exposure, it may be allowed home quarantine;
3. The Animal Services Department or a veterinarian must observe the animal at least on the first
and last days of home quarantine;
4. The owner must allow the Animal Services Department, with rea sonable notice, to view and
confirm the health of the animal during the rabies quarantine period;
5. The animal was not a stray as defined in V.T.C.A., Health and Safety Code § 826.002 at the
time of the bite or potential rabies exposure;
6. The animal must be kept away from other animals and only individuals in the immediate
household are permitted to provide care for the quarantined animal;
7. The animal may not be removed from the City limits while under quarantine;
8. The owner shall not subject the animal to any medical procedure, including any vaccination,
without first notifying the Animal Services Department; and
9. The owner shall notify the Animal Services Department immediately if the animal becomes sick
or displays any behavioral changes.
(Ord. No. 2013-21, § 3(Exh. A))
CHAPTER 7.08. - ENFORCEMENT, PENALTIES, AND FEES
Sec. 7.08.010. - Enforcement.
A. The Animal Services Officer of the City or other designees of the Chief of Police shall be the
enforcement officials for this Chapter and shall:
1. Administer and enforce all State and Federal laws pertaining to animals which authorize the
local rabies control authority or Animal Services Department to enforce the same and aid the
State Health Department in the enforcement of area quarantines;
2. Administer and enforce all provisions of this Title;
3. Gathering, impound, or quarantine any animal found in violation of this Title; and
4. Issue citations to owners of any animal found in violation of this Title unless otherwise excep ted
by law.
B. For purposes of enforcement of Section 7.03.010 and Section 7.03.020, Animal Services Officer
shall be authorized to enter onto private property if said officer observes, by reasonable means, an
animal that appears to be in distress or in danger.
(Ord. No. 2013-21, § 3(Exh. A))
Sec. 7.08.020. - Violations; penalty.
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Any violation of the provisions of this Chapter shall be punishable by a fine as set out in Section
1.08.010 of the Code of Ordinances unless otherwise specifically set out in this Chapter. Each day that a
violation is permitted to exist shall constitute a separate offense.
(Ord. No. 2013-21, § 3(Exh. A))
Sec. 7.08.030. - Animal services fees.
Impoundment of dog or cat with current license:
First impoundment within one year: No charge.
Subsequent impoundments within one year of previous impoundment .....$50.00
Impoundment without current license .....40.00
Impoundment of female in estrus .....50.00
Impoundment of livestock:
1. Impoundment per head .....65.00 and
2. Any veterinarian, drug or other cost/expense incurred for the animal(s) while impounded.
.....
Intact animal fee in lieu of sterilization on second impound .....250.00
Animal Shelter Fees:
Boarding fee per night .....10.00
Quarantine fee per night .....8.00
Boarding livestock per night .....20.00
Rabies vaccination .....15.00
Adoption, plus vet cost/expense .....20.00
Annual License Fees:
Unaltered dog/cat * .....20.00
Altered dog/cat * (or dog/cat) .....5.00
Altered dog/cat whose owner is 65 or over (limit one free license per person): No charge.
Dogs professionally trained to assist disabled persons: No charge.
Replacement tag .....1.00
* Note: One dollar for each license sold will be placed in a fund to assist low income persons with
altering and care costs.
Annual Permit Fees:
Kennel .....65.00
Multiple pet owner .....25.00
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Commercial sales .....250.00
Registered dangerous dog .....65.00
(Ord. No. 2013-21, § 3(Exh. A))
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City of Georgetown, Texas
Animal Shelter Advisory Board
November 12, 2020
S UB J E C T:
IT E M S UMMARY:
F IN AN C IAL IMPAC T:
n/a
S UB MIT T E D B Y:
April Haughey, Animal S ervices Manager (Board Liais on)
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