HomeMy WebLinkAboutAgenda_ANSAB_12.09.2021Notice of Meeting for the
Animal Shelter Adv isory B oard
of the City of Georgetown
December 9, 2021 at 6:00 P M
at City Hall Community Room, 808 Martin L uther K ing Jr. St., Georgetown, T X 78626
T he C ity of G eorgetown is committed to compliance with the Americans with Disabilities Act (ADA). If you
require as s is tance in partic ipating at a public meeting due to a disability, as defined under the ADA, reas onable
as s is tance, adaptations , or ac commodations will be provided upon request. P leas e c ontact the C ity S ec retary's
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.
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 Introduc tion of and pres entation by S helby Bobosky of the Texas Humane Legislative Network.--Louise
Epstein and S helby Bobos ky
L egislativ e Regular Agenda
B C ons ideration and possible action to approve minutes from O ctober 2021--Melis s a S heldon, Board C hair
C Disc ussion and possible direction regarding propos ed ordinanc e c hanges regarding Title 7 Animals and
C hapter 6.25 relating to hors e drawn carriages in the C ode of O rdinanc e--April Haughey, Animal S ervices
Manager (Board Liaison)
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 _________________, 2021, 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 1 of 35
City of Georgetown, Texas
Animal Shelter Advisory Board
December 9, 2021
S UB J E C T:
Introduction of and presentation by S helby Bobos ky of the Texas Humane Legis lative Network.--Louis e
Eps tein and S helby Bobosky
IT E M S UMMARY:
F IN AN C IAL IMPAC T:
n/a
S UB MIT T E D B Y:
Louise Eps tein, Board Member (ah)
Page 2 of 35
City of Georgetown, Texas
Animal Shelter Advisory Board
December 9, 2021
S UB J E C T:
C onsideration and pos s ible ac tion to approve minutes from O c tober 2021--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 3 of 35
City of Georgetown, Texas
Animal Shelter Advisory Board
December 9, 2021
S UB J E C T:
Dis cus s ion and pos s ible direc tion regarding proposed ordinance changes regarding Title 7 Animals and
C hapter 6.25 relating to horse drawn c arriages in the C ode of O rdinance--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)
AT TAC H ME N T S:
Description Type
Proposed additions to current ordinance Ordinance
Proposed edits to current ordinance Ordinance
Page 4 of 35
Sec. 7.02.0X0. Breeding permit; requirements.
A. A person owning, harboring, or keeping more than five cats or dogs or any combination of five cats or dogs for
breeding purposes shall obtain a breeding 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
breeding 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 issued citations for violation of this
Chapter on two separate occasions;
9. No animal covered by or to be covered by the breeding permit has been impounded on two separate
occasions;
10. Each animal must be microchipped and currently in compliance with vaccination requirements;
11. Each animal must be approved to breed by a licensed veterinarian not more than 90 days before the
date of the breeding permit request;
12. Each female is limited to one litter per permit term.
C. The breeding permit shall be valid for one year from date of issuance.
D. The Animal Services Department shall maintain a record of all breeding permits.
Sec. 7.03.0X0. Spay/Neuter; requirements.
A. All dogs and cats four months of age or older which are kept or harbored for 30 days or longer within the
City limits shall be spayed or neutered by a licensed veterinarian. The owner of such animals shall retain a
record of the spay or neuter or their animals. The 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 that was altered and the
name, address and telephone number of the veterinarian that altered the animal.
B. The following animals will be exempt from spay or neuter as directed under Subsection A;
1. The animal has been deemed medically unfit for surgery by a licensed veterinarian;
2. The animal is a trained animal used by or under the authority of a governmental agency in police
or rescue work;
3. Animals transferred to another animal shelter or a nonprofit or 501(c)3 organization that
provides a written agreement to the city that the animal will be sterilized before being placed
into a new home located within the corporate limits of the city; or
Page 5 of 35
4. Animals, impounded for the first time, belonging to a breeder that have a microchip and
statement of animal health.
Sec. 7.0X.0X0. Sale of dogs and cats.
A. A person commits an offense if they sell, exchange, barter, give away, or transfer, or offer or advertise for
sale, exchange, barter, give away, or transfer, a dog or cat four months of age or older unless:
1. The dog or cat is currently vaccinated or cannot be vaccinated due to health reasons as verified
by a licensed veterinarian; and
2. The dog or cat has a current city license; or
3. The dog or cat is being placed by the animal services department, an animal welfare
organization, or an animal adoption agency.
B. A retail pet store commits an offense if the retail pet store offers for sale a dog or cat, regardless of age.
C. A retail pet store may provide space for the display of dogs or cats available for adoption only if such
animals are displayed and made available for adoption by an animal shelter or an animal welfare
organization; and
1. No part of any fees associated with the display or adoption of the animals, including but not
limited to adoption fees or fees for the provision of space, shall be paid to the host retail pet
store or to any entity affiliated with or under common ownership with the host retail pet store;
and
2. The host retail pet store shall not have any ownership interest in any of the animals displayed for
adoption.
If the above is adopted, we would want to consider updating our definition of Animal Welfare Organization to.
"Animal welfare organization" means a not-for-profit entity that exists for the purpose of caring for placing
animals through adoption and shall not include any person that breeds animals or that: is located on the same
premises that does, has any personnel in common with, obtains, in exchange for a monetary payment or any
other kind of compensation, dogs or cats from, or facilitates the sale of dogs or cats obtained from a person that
breeds animals.
Horse Drawn Carriages
Request to move the ordinance from Chapter 6.25 to Title 7. See language in other attachment.
Page 6 of 35
- CODE OF ORDINANCES
Title 7 ANIMALS
Georgetown, Texas, Code of Ordinances Created: 2021-09-15 10:17:19 [EST]
(Supp. No. 23)
Page 1 of 29
Title 7 ANIMALS1
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.
"Apiary" means a place where one or more beehives are kept.
"At large" means:
(1) 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. For purposes of this definition, an electric fence for control of
domestic animals within a residential or commercial area is not recognized as a means of confinement
unless it is within another enclosure and inside such enclosure; or
(2) 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.
"Bee" means any stage of the common domestic honeybee, Apis mellifera species.
"Bee colony" means a hive and related equipment and appurtenances including bees.
1Editor's note(s)—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.
Page 7 of 35
Created: 2021-09-15 10:17:18 [EST]
(Supp. No. 23)
Page 2 of 29
"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;
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.
"Flyway barrier" means a solid wall, fence, dense vegetation, or combination of these materials at least six
feet high that extends at least ten feet beyond the hives on each end of the colony.
"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 include guinea hens.
"Hive" means a structure intended to house a bee colony.
"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.
"Leash" means a strap, chain, or cord of no greater than six feet used to restrain and guide a dog or other
animal.
"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.
"Local Rabies Control Authority (LRCA)" means an officer designated by City Council in compliance with
V.T.C.A., Health and Safety Code Title 10, Chapter 826 to, among other duties, enforce Chapter 826 and City Code
Chapter 7.07 that comprise minimum standards for rabies control.
"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.
Page 8 of 35
Created: 2021-09-15 10:17:18 [EST]
(Supp. No. 23)
Page 3 of 29
"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.
"Petting zoo" means a collection of farm animals or gentle exotic animals intended for people to hold, touch,
and feed.
"Poultry" means all domesticated fowl and all game birds 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 non-human primates,
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 domestic 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.
"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.
"Tract" means a contiguous parcel of land under common ownership.
"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.
Page 9 of 35
Created: 2021-09-15 10:17:18 [EST]
(Supp. No. 23)
Page 4 of 29
(Ord. No. 2020-82 , § 3; 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 for 30 days or longer 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.
B. Upon payment of the required fee and presentation of proof of rabies vaccination 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 from one animal to another, and no fee refunds shall be made.
(Ord. No. 2020-82 , § 4; Ord. No. 2013-21, § 3(Exh. A))
Sec. 7.02.020. Kennel permit; requirements.
A. A person owning, harboring, or keeping more than five cats or dogs or any combination of five cats or dogs
for boarding, or 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. [See proposed addition of new ordinance]
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 issued 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
Page 10 of 35
Created: 2021-09-15 10:17:18 [EST]
(Supp. No. 23)
Page 5 of 29
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.
D. The Animal Services Department shall maintain a record of all kennel permits.
(Ord. No. 2020-82 , § 5; 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 cats 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 animal 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 animal waste, parasites,
insects and flies that could be harmful to the animal health and/or to the health of the general public;
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 for the pets approved at the
inspection.
D. The Animal Services Department shall maintain a record of all multi-pet permits.
(Ord. No. 2020-82 , § 6; Ord. No. 2013-21, § 3(Exh. A))
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Created: 2021-09-15 10:17:18 [EST]
(Supp. No. 23)
Page 6 of 29
Sec. 7.02.040. Commercial sales permit; requirements. [See proposal for new ordinance to replace
this.]
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 by the Animal Services Department of the premises where the animals are to be sold and
payment of required fee, the 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 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 year 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 violation 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
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.
D. The Animal Services Department shall maintain a record of all commercial sales permits.
(Ord. No. 2020-82 , § 7; Ord. No. 2013-21, § 3(Exh. A))
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Created: 2021-09-15 10:17:18 [EST]
(Supp. No. 23)
Page 7 of 29
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 permit 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, tease, taunt, provoke an aggressive
reaction, or otherwise abuse an animal;
B. Cause, allow, train, 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 any animal that they are in possession or ownership of at the
animal shelter, at any other place of business, on public property, at a private residence, or with any
person that has not consented or has revoked consent to be responsible for the care of the animal;
F. Dock the tail or remove the dewclaws of an animal over five days of age, or crops the ears of an animal
of any age, unless they are licensed to practice veterinary medicine in this state;
G. Spay or neuter an animal unless they are licensed to practice veterinary medicine in this state;
H. Transfer ownership or otherwise physically removes from its mother any dog, cat, ferret, or rabbit less
than six weeks old, or any other animal that is not yet weaned, except as advised by a licensed
veterinarian;
I. Dyes or otherwise artificially colors any animal;
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(Supp. No. 23)
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J. Mutilate or allow to be mutilated any dead animal for reasons other than food preparation or
taxidermy. Dissection in compliance with medical or veterinary research, medical or veterinary
necropsy, and bona fide educational use of dead animals shall not be considered mutilation;
K. Attach or allow to be attached a collar or harness to an animal that is of an inadequate size so that it
restricts the animal's growth or causes damage to the animal's skin;
L. Carry or transport an animal in any motor vehicle, conveyance, or trailer and fail to effectively restrain
the animal from leaving or being accidentally thrown from the vehicle, conveyance, or trailer;
M. Euthanizes, kills, or attempts to euthanize or kill an animal in a manner other than the one allowed by
an injection of substances approved for euthanasia by the American Veterinary Medical Association
and/or the Texas Veterinary Medical Association to be administered in compliance with State law.
(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:
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 with 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; and
J. An environment reasonably free of pet waste.
(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 911.
(Ord. No. 2013-21, § 3(Exh. A))
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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, grooming, 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 restraint 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 1/18of 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 and petting zoos.
A. All theatrical exhibits and temporary petting zoos 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 performances, including date, time
and exact location at least 48 hours in advance of a display or performance;
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 presenting the danger of physical injury
to an animal or person.
7. Transition areas shall be provided for all areas that allow direct contact between people and animals.
i. The transition area between animal and non-animal areas shall be clearly designated.
ii. Information shall be displayed regarding the prevention of infection and injury.
iii. Handwashing facilities shall be provided in all exit transition areas.
B. All theatrical exhibits and temporary petting zoos shall not allow photographs in exchange for money with
dangerous animals as defined in Section 822.101(4) of the Texas Health and Safety Code and Sec. 7.06.020 of
these Ordinances.
(Ord. No. 2020-82 , §§ 8, 9; Ord. No. 2013-21, § 3(Exh. A))
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Editor's note(s)—Ord. No. 2020-82 , § 8, adopted December 8, 2020, changed the title of Section 7.03.050 from
"Theatrical exhibits" to " Theatrical exhibits and petting zoos." The historical notation has been preserved for
reference purposes.
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, or as
an inducement to participate in a charitable fundraising event.
(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. As soon as practicable after an animal is placed in the custody of the shelter as defined by Section 828.001 of
the Texas Health and Safety Code, the shelter, agency, or organization shall scan the animal to determine
whether a microchip is implanted in the animal.
C. 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 owner 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.
D. 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 days 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:
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 that is a maximum of 14 days from impoundment by which time that owner
will reclaim the dog/cat and actually claims the dog/cat on or before the provided date; and
3. The owner pays all applicable fees.
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E. 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.
F. An owner, or the owner's designee, who redeems an animal shall provide proof that the animal has a current
rabies vaccination prior to the release of the animal. If proof that the animal has a current rabies vaccination
is not provided, the Animal Services Department shall rabies vaccinate the animal at the owner’s expense.
G. 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.
H. 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. 2020-82 , § 10; 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 render 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, medicating, 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 to recover the adopted animal
and revoke the adoption contract.
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 Association and/or the Texas
Veterinary Medical Association to be administered in compliance with State law.
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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 one year 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 an unaltered animal fee. The animal shall be altered
within 30 days after the release of the animal. The owner shall provide proof of the animal's alteration to the
Animal Services Department within 45 days of release. If proof of alteration is provided to the Animal
Services Department within 45 days of release, the unaltered animal fee shall be refunded.
B. Alteration may be postponed for a period not to exceed 90 days after release in cases of female animals in
estrus or pregnant.
C. If the owner pays the unaltered animal fee at the time of redeeming the animal, alteration shall not be
required. However, if an animal for which an unaltered animal fee has been paid is subsequently impounded
within 18 months one year of the first impound, 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. 2020-82 , § 11; 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 enclosure 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.
(Ord. No. 2013-21, § 3(Exh. A))
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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 "dangerous 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 with 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;
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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.
13. Keep or allow to be kept, bees in such a manner that violates any provision of Chapter 7.08 or
endangers the health, safety, and welfare of others.
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 7.09 of this Title.
(Ord. No. 2020-82 , §§ 12, 13; 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 filling 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
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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 Safety Code Ch. 822, Subch. D, as amended.
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:
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1. Determine that the dog is not dangerous, and if the dog is impounded, waive any impoundment 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;
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 within 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))
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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.;
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 insurance 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 enclosure 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 injury to the dog, nor
interfere with the dog's vision or breathing, but to prevent the dog from biting another animal or a
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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 learns that the dog is a dangerous dog.
(Ord. No. 2013-21, § 3(Exh. A))
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 Department 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 conditions.
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,
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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 enforcement 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.
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
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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. 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 established 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 mitigating or extenuating circumstances.
E. Animal Services Department shall have the discretion to increase or decrease a classified dog's restrictions
based upon relevant circumstances.
F. If the dog is classified as aggressive, Animal Services Department shall 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 G. 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. 2020-82 , § 14; 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 aggressive.
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 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 an aggressive
dog set forth in Section 7.05.140; or
ii. Animal Services Department to humanely destroy the dog.
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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 Animal 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
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
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from any public sidewalk or street adjacent to the property. In addition, the Animal Services Manager
may require the owner or keeper 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.
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 one 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 whenever 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 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.
(Ord. No. 2013-21, § 3(Exh. A))
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Sec. 7.05.160. Defenses.
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 aggressive 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 enforcement 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.
(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 livestock, 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) property 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.
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(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
non-human primates, 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 but 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.
No person shall keep, or permit to be kept, on his premises any wild, exotic or dangerous animal for any
reason including 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))
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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 LRCA or designee may allow the owner to 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 facilities 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.
C. Home Quarantine. The LRCA or designee may offer the owner of the dog, cat or ferret the option 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 elapsed 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 reasonable 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;
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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. 2020-82 , § 15; Ord. No. 2013-21, § 3(Exh. A))
CHAPTER 7.08. BEEKEEPING
Sec. 7.08.010. Apiary maintenance.
A. A person shall keep a bee colony in a Langstroth-type hive with removable frames that is maintained in
sound and usable condition.
B. A person shall provide a source of water to a bee colony to prevent the bees from congregating at a water
source used by a human, bird, or domestic pet.
C. A person shall store or dispose of bee comb or other material removed from a hive in a sealed container,
building, or other bee-proof enclosure.
(Ord. No. 2020-82 , § 16)
Sec. 7.08.020. Hive location.
A. A person may not locate a hive within ten feet of the property line of a tract, as measured from the nearest
point of the hive to the property line.
B. A person who keeps a bee colony within 25 feet of the property line of a tract, as measured from the nearest
point of a hive to the property line, shall establish and maintain a flyway barrier parallel to the property line.
C. A hive shall be at least 50 feet from the private residence of another.
D. The owner shall provide written notice to the Animal Services Manager indicating ownership of bees and
location of the hive at least 50 feet from the private residence of another.
E. The owner shall keep purchase receipts and written records of the exact dates a hive is re-queened for at
least two years.
(Ord. No. 2020-82 , § 16)
Sec. 7.08.030. Control of aggressive bee colony.
A. A person shall immediately replace the queen in a bee colony that exhibits aggressive characteristics,
including stinging or attempting to sting without provocation, or a disposition towards swarming. A person
required to replace a queen under this Subsection shall select the replacement from bee stock bred for
gentleness and non-swarming characteristics.
B. As required for swarm management, a person may maintain a nucleus bee colony for each two bee colonies
allowed under this Chapter. A person may house a nucleus bee colony in a structure not exceeding a
standard 9-5/8-inch depth ten-frame hive body with no supers attached. A person shall dispose of or
combine a nucleus bee colony with an authorized bee colony not later than the 30th day after the date the
nucleus bee colony is acquired.
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(Ord. No. 2020-82 , § 16)
Sec. 7.08.040. Bee colony density.
A. A person shall not keep more than:
1. Two bee colonies on a tract one-quarter acre or smaller;
2. Four bee colonies on a tract larger than one-quarter acre but smaller than one-half acre;
3. Six bee colonies on a tract one-half acre or more but smaller than one acre;
4. Eight bee colonies on a tract one acre or more;
B. A person may keep an unlimited number of bee colonies on a tract in which all hives are located at least 200
feet from each property line of the tract; or adjacent to vacant property for at least 200 feet from any hive.
Vacant property means property that is not improved for human use or occupancy, including property used
as a street or highway.
(Ord. No. 2020-82 , § 16)
CHAPTER 7.09. ENFORCEMENT, PENALTIES, AND FEES2
Sec. 7.09.010. Enforcement.
A. The Animal Services Officer of the City or other designees of the City Manager shall be the enforcement
officials for this Title 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. Gather, 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 excepted by
law.
B. A person commits an offense if they prevent, interferes with, hinders, obstructs, or gives false information to
any employee or agent of animal services who is in the lawful discharge of duties under this chapter, local, state, or
federal laws.
(Ord. No. 2020-82 , § 17; Ord. No. 2013-21, § 3(Exh. A))
2Editor's note(s)—Ord. No. 2020-82 , § 17, adopted December 8, 2020, redesignated the former Chapter 7.08,
Sections 7.08.010—7.08.030 as Chapter 7.09, Sections 7.09.010—7.09.030. The historical notation has been
preserved for reference purposes.
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Sec. 7.09.020. Violations; penalty.
Any violation of the provisions of this Title 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 Title. Each day that a violation is permitted to exist
shall constitute a separate offense.
(Ord. No. 2020-82 , § 17; Ord. No. 2013-21, § 3(Exh. A))
Sec. 7.09.030. Animal services fees.
Impoundment of altered dog or cat:
Fixed fees:
First impoundment within one year and a current City license: No charge
First impoundment within one year and no current City license: $50.00
Second impoundment within one year of previous impoundment: $60.00
Third impoundment within one year of first impoundment: $75.00
Fourth or more impoundments within one year of first impoundment: $100.00
Variable fees:
Any veterinarian, drug, or other cost/expense incurred for the animal(s) while impounded
Impoundment of unaltered dog or cat:
Fixed fees:
First impoundment within one year: $50.00
Second impoundment within one year of previous impoundment: $250.00 and mandatory spay/neuter
(refundable upon compliance)
Third impoundment within one year of first impoundment: $250.00 and mandatory spay/neuter (nonrefundable)
Fourth or more impoundment within one year of first impoundment: $500.00 and mandatory spay/neuter
(nonrefundable)
Variable fees:
Any veterinarian, drug, or other cost/expense incurred for the animal(s) while impounded
Impoundment of livestock:
1. Impoundment per head: $75.00 and
2. Any veterinarian, drug or other cost/expense incurred for the animal(s) while impounded.
Animal shelter fees:
Boarding fee per night: $10.00
Quarantine fee per night, plus: $10.00, plus boarding: $10.00
Boarding livestock per night: $20.00
Rabies vaccination: $15.00
Adoption of puppies and kittens: $75.00
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Adoption of adult dogs and cats: $70.00
Adoption of senior dogs and cats: (or free if being adopted by a senior) $25.00, or free if being adopted by a senior
Microchip: $15.00
Annual license fees:
Unaltered dog or cat: $20
Altered dog or cat: $5
Altered dog or cat whose owner is 65 or over: No charge (limit one free license per person)
Dogs professionally trained to assist disabled persons: No charge
Replacement tag: $1
Annual permit fees: (annual inspection required)
Kennel permit: $250.00
Multiple pet permit: $100.00
Commercial sales permit: $500.00
Registered dangerous dog: (annual inspection required) $100.00
(Ord. No. 2020-82 , § 17; Ord. No. 2013-21, § 3(Exh. A))
Sec. 7.09.040. Fee waivers.
A. The Animal Services Manager or other designees of the City Manager may waive a fee assessed against an
owner reclaiming an impounded animal if the owner presents a written statement of an inability to pay.
B. The Animal Services Manager or other designees of the City Manager may implement fee-waived adoption
promotions.
(Ord. No. 2020-82 , § 17)
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