HomeMy WebLinkAboutORD 2025-44 - Amending Code Title 7 (Animals) for disollution of Animal ShelterORDINANCE
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WHEREAS,• the authority to review and update
WHEREAS,
NOW i ORDAINED COUNCIL OF THE CIT' 'V'
OF i' iTHAT:
Section 1. The meeting at which this ordinance was approved was conducted
compliance with the Texas Open Meetings Act, Texas Govemment Code, Chapter 55 1. 1
Section 2. The facts and recitations contained in the preamble of this ordinance are hereby
found and declared to be true and correct and are incorporated by reference herein and expressly
made a part hereof, as if copied verbatim.
�)ection 3. Title 7 of the Code of Ordinances is hereby amended as shown in Exhibit A.
Ordinance Number: Pagel of Z.
Subject: Amending Title 7 Code of Ordinances
Date Approved:
Section 4. All ordinances or reso utions t at con let wit t e provisions o t o inan
are hereby repealed, and all • ordinances •+ resolutions • the City • in • with tj
provisions • this ordinance shall remain in ftill force and effect.
Section 5. If any provision of this ordinance, or application thereof, to any person
circumstance, shall be held invalid, such invalidity shall not affect the other provisions,
application thereof, of this ordinance, which can be given effect without the invalid provision
application, and to this end the provisions of this ordinance are hereby declared to be severable.1
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Ordinance Number: Page X of X
Subject: Amending Title 7 Code of Ordinances
Date Approved:
Title 7 ANIMALS
When used inthe City ofGeorgetown Code ofOrdinances, 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 mneuter enanimal.
"Animal" means any living, nonhuman vertebrate creature, both domestic and wild.
"Animal Control Unit" means the Animal Control Unit ofthe City ofGeorgetown, Texas.
"Animal Control 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 tothe care and control ufanimals.
"Animal Shelter" means the facility designated bythe City for the purpose ufimpounding and caring for
animals held under authority ofthis Title.
"Animal welfare organization" means a not -for -profit entity that exists for the purpose of caring for and
placing animals through adoption.
"Apiary" means a place where one or more beehives are kept.
"At large" means:
(1) On premises of owner, any animal not confined to the premises of the owner by some physical means
ofsufficient height, strength, length and/or manner cfconstruction topreclude 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 itiswithin another enclosure and inside such enclosure; 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 atlarge.
"Bee" means any stage of the common domestic honeybee, Apis mellifera species.
"Bee colony" means a hive and related equipment and appurtenances including bees.
"Cat" means any domesticated feline or member of the family Felis domestica, and unless otherwise set
forth, shall include a "kitten."
"Dangerous animal" means:
l. Ananimal that isknown tocarry orbesusceptible tothe rabies virus and that cannot beeffectively
vaccinated against the rabies virus with any vaccine approved by the Texas Department of Health;
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Z. A wild animal that has attacked a human or which is apprehended or observed unrestrained;
3. Avenomous orcarnivorous fish orreptile;
4. Any fish orreptile that grows over six feet inlength; or
S. Such other class ofanimals asmay bedetermined tobeadangerous animal bythe Animal Control Unit
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, asamended.
"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 orcare for aperiod ofatleast three days.
°Hen"means afemale domestic chicken and does not include guinea hens.
"Hive'^means astructure intended tohouse abee colony.
"Kenne|"means any facility where more than five dogs mcats urany combination of five cats and dogs are
being kept for boarding, training orbreeding 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
YTI.A,Health and Safety Code Title 1W,Chapter 8Z6 to, among other duties, enforce Chapter 82dand City Code
Chapter 7.U7that 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
offive cats and dogs. Puppies and kittens under four months of age shall not be counted for purposes of this
definition.
"Qwner"means any person having temporary urpermanent custody of, sheltering nrhaving charge of,
harboring, exercising control over, orhaving property rights to, ananimal.
"Person" means an individual, association, partnership, corporation, trust, estate, joint-stock company,
foundation, orany 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, bintumng,ostriches, emus, miniature pigs, apes, venomous reptiles,
nonvenomous reptiles over six feet in length, alligators, crocodiles, elephants, rhinoceroses, skunks, raccoons,
foxes, coyotes, bats, wolves orany hybrid ofthese animals.
"Rabies vaccination" means the vaccination ofodog, cat orother domestic animal with ananti-rabies
vaccine approved and administered inaccondanoewbhTit|e25oftheTexasAdministradveCode,Part|'[hapter
1§9'Subchapter p~Section 1692I
"Registered dangerous dog" means any dog registered with the City incompliance with VT.C,4,Health and
Safety Code Ch. 822, Subch. D, and with Chapter 7.05 of this Title.
^Ruoster"means emale domestic chicken.
"Secure endosune"means afenced area orstructure that is:
l. Locked;
2. Capable cfpreventing the entry nfthe general public, including children; and
3. Capable efpreventing the escape orrelease ofthe animal.
"Serious bodily injury" means aninjury characterized bysevere bite wounds cvsevere 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.
"Tiact"means acontiguous parcel ofland under common ownership.
"Transfer" means sell, give awaytrade barter, ormake ananimal available for adoption, but does not
include transfer toarescue organization mrfoster home.
"Vnpnovokedattack"meansd/at the animal was not hit, kicked, teased molested orstruck byaperson with
mnobject orpart ofapeoon'sbody, nor was any part ofthe animal's body pulled, pinched ursqueezed bfa
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 orhybrid.
Sec. 7.02.010. Animal licenses.
A. All dogs and cats four months cf age orolder which are kept urharbored for 30days o,longer within the City
limits shall be licensed. The license must be issued by the Animal Shelter. 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 bevalid for one year after the date ufissue.
B. Upon payment of the required fee and presentation of proof ofrabies vaccination inaccordance with Section
7.U7.O10,the Animal Shelter shall issue atag. Such tag shall mall times besecurely attached toacollar or
harness around the neck of the dog or cat. Tags shall not be transferable from one animal to another, and no
fee refunds sheUbemade.
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, training or breeding purposes shall obtain a kennel permit. Puppies and kittens under four
months ofage shall not becounted for purposes ufthis Section.
B. Upon inspection of the premises by the Animal Control Unit and payment of the required fee, the kennel
permit shall beissued ifthe following conditions are met:
l. The facility must beadequate for the number and type ofanimals tmbekept;
Z. The facility must be of sufficient size, in proportion to the animal size, to allow each animal to move
about freely;
]. Adequate food and water must be provided so that each animal kept shall be maintained in good
health and free ufmalnutrition 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;
S. The animals and the facility must be kept free of odor or stench which is offensive to a person of
ordinary sensibilities;
h. Each animal must be maintained in a manner that does not pose a danger to the health of the animal
ortoadjacent 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 ontwo separate occasions;
g. No animal covered by or to be covered by the kennel permit has been impounded on two separate
occasions; and
10. Woanimal may bebred onortransferred from eboarding kennel.
C. The kennel permit shall bevalid for one year from date ufissuance.
Q. The Animal Control Unit shall maintain arecord ofall kennel permits.
Sec. 7.02.030. Multi -pet permit; requirements.
A. Aperson owning, harboring, orkeeping more than five cats ordogs orany combination offive cats or dogs
shall obtain a multi -pet ownership permit. Puppies and kittens under four months of age shall not be
counted for purposes ofthis Section.
B. Upon inspection of the premises by the Animal Control Unit and payment of the required fee, the multi -pet
owner permit shall beissued ifthe following conditions are met:
I. The animals tobecovered bythe multi -pet permit must be altered;
2. The premises must beadequate for the number and type ofanimals tobekept;
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 ofmalnutrition 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;
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6. The animals and the facility must be kept free of odor or stench which is offensive toaperson of
ordinary sensibilities;
Each animal must bemaintained inamanner that does not pose adanger tothe health ofthe animal
ortuadjacent 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. Noanimal covered bymtobecovered bythe multi -pet permit has been impounded cmtwo separate
occasions.
C. The multi -pet permit shall bevalid for one year from date ofissuance for the pets approved at the
inspection.
D. The Animal Control Unit shall maintain a record of all multi -pet permits.
Sec. 7.02.040-Commercial sales permit; requirements.
A. All individuals engaged inthe commercial sale ofany dogs orcats, 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 acommercial
sales permit.
13� Upon inspection by the Animal Control Unit 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 beadequate for the number and type ofanimals tobekept;
2. The facilities shall be of sufficient size, in proportion to the animal size, to allow each animal to move
about freely;
]. Adequate food and water must be provided so that each animal kept shall be maintained in good
health and free ofmalnutrition 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;
l The animals and the facility must be kept free of odor or stench which is offensive to a person of
ordinary sensibilities;
G. Each animal must be maintained in a manner which does not pose a danger to the health of the animal
oradjacent animals;
7. The animals must not cause noise which is offensive or disturbing to a person of ordinary sensibilities;
& Each animal transferred shall beaccepted for return atnucost within one year ofthe date ofthe
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 Control Unit upon
request;
9. All dogs and cats transferred must be microchipped and the microchip manufacturer and number shall
bekept onrecord and made available tothe Animal Control Unit upon request;
IO. The applicant of the commercial sales permit has not been issued citations for violation of this Chapter
ontwo separate occasions within aone-year period;
11. All animals sold or transferred shall be a minimum of eight weeks of age; and
12. Each animal transferred shall beborn and raised until rtleast eight weeks ofage inWilliamson 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 bevalid for one year from date ofissuance.
D. The Animal Control Unit shall maintain a record of all commercial sales permits.
Sec. 7J02J050.Revocation or suspension of permits.
A.Akennel, muhi-pet orcommercial sale permit may berevoked bythe Animal Control Unit 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 Control Unit of the
location to which the animals will be transferred. If the owner does transfer each animal within the 30-day
period, the Animal Control Unit shall have the authority to impound the animals.
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 aseparate offense.
Sec. 7J03.010[Cruel treatment prohibited.
0operson 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 ursafety ofthe 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 orendanger the animal's health orsafety; ur
E. Abandon ananimal intheir custody.
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
belimited to providing:
A. Humane care and treatment;
B. Sufficient quantity ofgood and wholesome food tomeet the animal's health requirements;
C. Access toclean, potable drinking water;
Q. Medical care tomaintain health and tuprevent suffering when necessary;
E. Grooming, when necessary, toensure the health ofthe animal;
A
F� Adequate shade foprovide protectionfrom the sun tushield the animal from becoming overheated;
however, this provision does not apply to livestock;
Ga 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 urother enclosures with atleast l5Osquare feet ufspace per animal; and
L Adequate daily exercise for dogs restrained in outdoor kennels or other enclosures.
Any person who, asthe operator ofamotor vehicle, strikes adomestic 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 tothe Animal Control Unit.
Sec. 7.03.040. Chaining, tethering, or restraining dogs.
During alawful anima|event,suchaswa|Nngonakod,veternarytreatnent, grooming, training, ur
law enforcement activity; or
Aarequired toprotect the safety urwelfare ofaperson urthe dog, and the owner orhandler 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 bythe dog. A
person may not wrap a chain or tether or other restraint directly around a dog's neck. A person may not
manage adog with arestraint that weighs more than 1/1Oufthe dog'sbody weight. The restraint used to
manage adog must, bydesign and placement, beunlikely tobecome tangled.
A. All theatrical exhibits and temporary petting zoos shall, in addition to other requirements of this Tide.
comply with the following minimum standards:
l. Facilities shall besubject ooinspection byanAnimal Control Officer during reasonable hours m,atany
hour incases ufemergency;
2. The Animal Control Unit shall be notified of all displays or performances, including date, time and exact
location atleast 48hours inadvance ofadisplay orperformance;
l Animal quarters shall be ufsufficient 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 atacomfortable and safe temperature with adequate ventilation
and access toclean, potable drinking water;
5. No animal shall be made to 9edb,m 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 isinflicted nnthe animal; and
6. No animal shall perform or be displayed in any unsafe situation presenting the danger ofphysical injury
toananimal orperson.
Transition areas shall be provided for all areas that allow direct contact between people and animals.
The transition area between animal and non -animal areas shall be clearly designated.
Information shall be displayed regarding the prevention of infection and injury.
Vi. Handwaghing facilities shall beprovided inall exit transition areas.
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.
A. Itshall beunlawful andcunstituteanuisancefontheownerdfanyanimmLotherthanacat tmpermit mr
allow such animal torun atlarge 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 tuallow orpermit such cat torun atlarge within the City limits.
A. AnAnimal Control Office, Police Officer, urdesignee may impound any animal atlarge orany animal
not receiving care required by Section 7.03.020 or being kept in violation of Section 7.03.010 on private
property.
B. The Animal Shelter.
1. The Animal Shelter board mfdirectors shall have the authority 6oadopt reasonable rules and
regulations regarding the impoundment, care, and release of animals, including but not limited
to the following:
The length of impoundment of animals,
ii. When impounded animals become the property ofthe animal shelter,
iii Dealing with sick orinjured animals,
k. Procedures for reclaiming impounded animals,
V. Impoundment fees,
vi. Voluntary release byowner tuthe animal shelter, and
vii Release inlieu ofimpoundment.
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 Control Unit, which may also direct
the owner to pay any penalties for violation of this Title in addition to all impoundment fees.
8� Surrender ufananimal bythe owner »othe Animal Control Unhdoesnutre|ieveurrendertheowner
immune from the decision of the Municipal Court, nor from the fees and fines which may result from a
violation ofthis Title.
Sec. 7-04-040.Confimemmemt during estrus.
Anunaltered female dog urcat inthe state ofestrus (heat)shall beconfined during such period oftime ina
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
Control Unit 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.
Sec 7-04'050-Injured or diseased animal.
The Animal Control Unit urdesignee isauthorized bjdestroy aninjured urdiseased animal, whether such
animal isonpublic orprivate property.
-Sec. 7.04.060. Tampering with traps and equipment prohibited.
No person shall remove, alter, damage or otherwise tamper with a trap or equipment belonging to or set ouTi
by the Animal Control Unit .
hshall beunlawful tptnansherordisplaya|ive animal onaroadside, public 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 byananimal shelter orananimal welfare organization.
Sec 7.04'080.Off-|eash dog recreation areas'
Off'|eashdog recreation areas shall besubject torules and regulations established pursuant toChapter
1Z.Zgofthe Code ufOrdinances.
Sec. 7J04.090-Nuisances.
A. |tshall beunlawful andcons8tuteanuismncefo,anypersonbz
I. 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 togive off obnoxious uroffensive odors due tothe activity orpresence uf
animals;
l Place, cause to be placed, or allow to remain on or near his/her premises or the property of another a
dead animal;
4. AUowananima|»oengageinoonductwhichestab|ishesuuchanima|asu^dangemusanima|^;
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;
B. Allow an animal to chase vehicles or molest, attack or interfere with other animals or persons on public
property urprivate property ofanother;
9. Allow food to remain outside unattended for an extended period of time so as to attract nuisance
2
10. Allow any animal other than acat torun atlarge within the City limits;
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, orother enclosure inthe City limits within 2O0feet ofany private residence ordwelling place
orwithin 5UOfeet ofany building orestablishment open tothe public.
13. Keep orallow tubekept, bees insuch amanner that violates any provision ofChapter 7.08or
endangers the health, safety, and welfare of others.
8\ All alleged violations ufthis Section shall bereported for investigation tuthe Animal Control Unit.
Enforcement of violations shall be pursuant to Chapter 7.09 of this Title.
A. Any person who shall harbor o,keep onhis/her premises, orinorabout 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
neighborhoodortheoccupamofadjaoertppem|ses»mbedisturbedshaUbeguibyofaOass"C"
misdemeanor, and a separate offense shall be deeded committed upon each day during or on which such
violation occurs orcontinues.
B. Aperson who bdisturbed byexcessive anima|nuisemayfi|eana9pHcationforcomp|aintinK8unicipa|[our[
Applications for complaint filed by a person who has been disturbed by excessive animal noise must be
made inwriting and must include the following information:
I. The name ofthe person who owns the animal making the alleged noise, ifknown; or, ifthe name
isunknown, areasonably definite description ufthe 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 ofthe alleged animal noise;
iv. The known orapproximate location ofthe source ofthe animal noise; and
V. The signature ufthe person making the application for complaint.
The City shall provide application for complaint forms for use by persons wishing to file applications for
complaint under this Section. In addition, the Cby's Animal Control Unit will, upon request, aid a person
in filling out and filing an application for complaint form for excessive animal noise.
A. The provisions cfVJ[C.A,Health and Safety Code Ch. 822, Subch. D[asamended, are incorporated into this
Article and a violation of any provision of\(T.C-A, Health and Safety Cade [h. 822, Subch. D' as amended' is
anoffense under this Article.
B. The Animal Control Unit shall serve oothe animal control authority for the City for purposes ofadministering
and enforcing this Article and Texas Health and Safety Code Ch. 822, Subch. D, as amended.
M1
{� Seizure, impoundment, and humane destruction ofadog that has caused death orserious bodily injury toa
person is governed by Texas Health and Safety Code Ch. 822, Subch. A, as amended.
Dangerous dog incident means an incident in which a dog:
A. Makes anunprovoked attack onaperson that causes bodily injury and thatoccurs inaplace other than an
enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving
the enclosure onits own; or
EL Commits unprovoked acts inaplace other than anenclosure inwhich the dog was being kept and that was
reasonably certain toprevent the dog from leaving the enclosure onits own and those acts caused aperson
toreasonably believe that the dog will attack and cause bodily injury tuthat person.
A. Upon receipt ofasworn, written complaint byany person ofanincident described inSection 7.05D2O the
Animal Control Unit shall investigate todetermineifthedog isdangerous. The sworn, written comp|aint
must contain the following information:
1. Nature and date of the incident;
2. Location ofthe event;
3. Name and address ofthe owner ofthe dog inquestion; and
4. Description of the dog in question.
13� The Animal Control Unit may seize and impound the dog at the owner's expense pending the determination
of whether the dog is dangerous if:
The dog has caused bodily injury to any person; or
2. With due diligence, the Animal Control Unit cannot locate the owner Vfthe dog. If the owner cfthe
dog has not been located before the I5thday after seizure and impound, the Animal Control Unit may
order the dog tobehumanely destroyed.
C. The Animal Control Unit shall have authority to determine whether any dog has engaged in the behaviors
specified in Section 7.05.020. At the conclusion of the Animal Control Unit 's investigation, the Animal
Control Unit shall:
1. Determine that the dog is not dangerous, and if the dog bimpounded, waive any impoundment fee
incurred and release the dog to its owner; or
3. Determine that the dog bdangerous and order its owner vzcomply 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� Ifadog bdetermined oubedangerous, the Animal Control Unit shall notify the dog owner, inwriting either
in person or by certified mail, return receipt requested:
I. What the owner must do to comply with requirements for ownership of a dangerous dog in the City
and toreclaim the dog, ifimpounded; and
That the owner has a right to appeal the determination of dangerousness.
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s� Animpounded dog determined by the Animal Control Unit »ohedangerous 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 Ewithin 3Odays after afinal
determination is made that an impounded dog is dangerous, then the dog becomes the property of the
County and may be humanely destroyed. For the purposes of this Chapter, final determination means the
date on which the Animal Control Unit 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
Sect|on7.05.U4U.
Sec. 7.05.040. Appeals; hearing.
A. If the Animal Control Unit determines that the dog isdangerous that decision isfinal unless the owner files a
written appeal with the Municipal Court within l5days after the date that written notification was delivered
that the dog has been determined tobedangerous.
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 the Animal Control Unit.
C. At the conclusion of the hearing, the Court may:
Uphold the determination bythe Animal Control Unit that the dog inquestion isadangerous dog and
The owner of the dog in question to permanently remove the dog in question from within the
City limits of Georgetown;
i[ 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. the Animal Control Unit 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 oraperson
authorized to take possession of the dog.
A. If the Animal Control Unit orthe Animal Shelter has possession cfthe dog atthe time the owner files an
appeal mfthe dangerous dog determination, the Animal Shelter will maintain possession ofthe dog and keep
it in a secure and humane manner until final determination is made, unless the owner of the dog requests
custody ofthe dog inquestion and complies with Subsection 7.Q5.O6DA.
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:
The owner may keep possession of the dog until final determination has been made provided that the
owner satisfies the requirements ofSubsection 7.O5.O6UA.3.and Subsection 7.D5.U60A.8.;
The owner may keep the dog confined atalicensed veterinary clinic, cost of which will be borne by the
owner, until final determination ismade; u,
l The owner may surrender the dog tothe Animal Shelter, and the Animal Shelter 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 Control Unit representative will impound the dog and it will be kept by the
Animal Shelter in a secure and humane manner until final determination is made.
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A. Not later than the 30th day after aperson learns of the final determination that the person bthe owner of
dangerous dog, the person shall:
1. Register the dangerous dog with the Animal Control Unit;
I. Obtain liability insurance coverage orshow financial responsibility inthe amount cfatleast
$1DOQDO.OQtocover damages resulting from anattack bythe dangerous dog causing bodily injury toa
person and provide proof of the required liability insurance coverage or financial responsibility to the
Animal Control Unit;
3[ Provide asecure enclosure that will prevent the dog from leaving the enclosure units 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 the Animal Control Unit before the dog is registered
with the Animal Control Unit;
4. Obtain and maintain a currenCity 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 tothe enclosure;
6. Provide proof that the dog has been surgically altered;
7. Affix a tag provided by the Animal Control Unit to the collar of the dangerous dog and ensure k
remains inplace; 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'svision orbreathing, but tuprevent the dog from biting another animal ora
person and restrain the dog at all times on a leash capable of restraining the dog without breaking and
not more than six feet inlength.
B. Prior ooselling ormoving adog registered with the Animal Control Unit asadangerous dog, the owner must
notify the Animal Control Unit ufthe intention tamove the dog and provide the Animal Control Unit with a
clear description ufthe location where the dog istubemoved.
C. Any person bringing a dog into the City limits that has been determined dangerous by another animal control
agency must notify the Animal Control Unit ufthe presence ofthe dangerous dog and then comply with all
the requirements for the keeping ufadangerous dog set out inthis Article.
O. The owner ofadangerous dog who does not comply with Subsection & shall deliver the dog »m the Animal
Control Unit no later than the 30th day after the owner learns that the dog is a dangerous dog.
A. On receiving a report that the owner ofmdangerous dog has failed to comply with Section7.05.060,
Municipal Court shall set atime for ahearing todetermine whether the owner ufthe 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:
The owner of the dangerous dog; and
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. |fMunicipal Court finds after notice and hearing that the owner of a dangerous dog has failed to comply with
Section 7.U5.O6O'the Court shall order the Animal Control Unit toseize the dog and shall issue awarrant
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authorizing the seizure. the Animal Control Unit shall seize the dog and impound the dog insecure and
humane conditions.
E. The owner shall pay any cost orfee assessed by the Animal Control Unit related »othe seizure, acceptance,
impoundment or destruction of the dog.
Municipal Court shall order the Animal Control Unit uohumanely 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
7D5.Q6OA.before the 11thday after the date onwhich the dog was seized.
G. Municipal Court may order the humane destruction ofthe dog ifthe owner ufthe dog has not been located
before the l5thday after the seizure and impoundment ofthe dog.
An owner or person filing the action may appeal the decision in the manner provided for the appeal of cases
from Municipal Court.
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.
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 handier.
A. A person who owns or keeps custody or control of a dangerous dog commits an offense if the person fails tu
comply with any section of this Article.
B. Anoffense under this Chapter ispunishable byafine not tuexceed $3,UOU0l
The following classifications shaUbebaseduponspecificbehavior exhibited bvadog:
A. Level 1behavior is established if adog at large is found tomenace, chase, display threatening or aggressive
behavior.
B. Level 2behavior isestablished ifadog, while atlarge, causes asevere injury ooany domestic animal or
livestock except poultry.
C. Level 3 behavior is established if:
I. A dog, while at large, kills or causes the death of any domestic animal or livestock except poultry; or
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2, Adog classified asaLevel 2aggressive dog that repeats the behavior inSubsection B.after the owner
or keeper receives notice of the Level 2 classification.
A. Upon report byany person, the Animal Control Unit shall investigate tudetermine ifadoghasexhi6itedf6m
specific behaviors inSection 7.U6.l0O.
B. The Animal Control Unit may seize and impound the dog at the owner's expense pending the determination
of whether the dog is aggressive if:
The dog has exhibited Level 3 behavior; or
With due diligence, the Animal Control Unit cannot locate the owner ofthe dog. Ifthe owner ufthe
dog has not been located before the l3thday after seizure and impound, the Animal Control Unit may
order the dog tnbehumanely destroyed.
C. 4tthe conclusion of the Animal Control Unit'sinvestigation, the Animal Control Unit shall:
Determine that the dog has not exhibit any of the specific behaviors established in Section 7.06.100; or
l Determine that the dog has exhibited a specific behavior in Section 7.06.100 and classify the dog in the
corresponding aggressive dog|exe|'endondertheownert000mplywkhtherequirememsof
ownership ofsaid dog set forth inSection 7.06148.
D. The Animal Control Unit 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 the Animal Control Unit
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. The Animal Control Unit shall have the discretion to increase or decrease a classified dog's restrictions based
upon relevant circumstances.
F. Ifthe dog bclassified asaggressive, the Animal Control Unit shall notify the dog owner either inperson urby
certified mail, return receipt requested:
That the dog was classified asaggressive;
The restrictions applicable oothe dog based upon the classification; and
That the owner has the right toappeal the classification.
G. Animpounded dog classified by the Animal Control Unit as aggressive must remain impoundedand 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 ismade that animpounded dog isaggressive, then the dog becomes the property ufthe
County.
Sec. 7.05.120. Appeals; hearing.
A. Ifthe Animal Control Unit classifies adog asaggressive that decision isfinal 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 asaggressive.
B. The Municipal Court shall set a date, time and place for a hearing not later than ten days after receipt of the
appeal todetermine the outcome ofthe appeal and provide written notificatonofthehearingtothemwner
and the Animal Control Unit.
At the conclusion of the hearing, the Court may:
15
1� Uphold the classification bythe Animal Control Unit that the dog inquestion baggressive 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 7.05140; or
The Animal Control Unit to humanely destroy the dog.
2. Find the dog bnot aoaggressive dugandm, erthedoge|easedtotheowne,ofthedogo,apenmn
authorized to take possession of the dog.
A. If the Animal Control Unit has possession ufthe dog atthe time the owner files onappeal ofthe aggressive
dog determination, the Animal Shelter will maintain possession ofthe dog and keep itinesecure and
humane manner until final determination is made, unless the owner of the dog requests custody of the dog
inquestion and complies with Section 7.05.I4U.
G. Ifthe owner ofthe dog has possession uf1hedoginquestionatthedmethemmnerfi|esanappea|uf
classification of the dog as aggressive:
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 the Animal Control Unit deems to be secure enough to
prevent the dog from escaping;
2. The owner may keep the dog confined etalicensed veterinary dinic,cos ofwhich will bcborne bythe
owner, until final determination ismade; ur
3. The owner may surrender the dog tothe Animal Shelter, and the Animal Shelter 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 the Animal Control Unit representative will impound the dog and it will be kept by the Animal
Shelter inasecure and humane manner until final determination ismade.
The owner of an aggressive dog shall comply with the following conditions:
A. Dogs classified asLevel IdoQs shall berestrained, suasnottubeat|arge,byaphysica|deviceurstmctume,
inamanner that prevents the dog from reaching any public sidewalk, uradjoining property and must be
located smasnot tointerfere with the public's legal access oothe owner's premises whenever that dog is
outside the owner's home and not onaleash. The Animal Control Unit may also order sterilization mfthe
B. Dogs classified asLevel 2dogs shall beconfined within asecure enclosure whenever the dog isnot una
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, the Animal Control Unit 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 tocomplete a responsible pet ownership or dog training program as prescribed by Ao4ral-Sefvioes
MaPagef4o-" Municipal Judge. The Animal Control Unit may order sterilization of the animal.
C. Dogs classified asLeve|3dogsdhaUbeconOnedwithinasecuneendosurewheneverthedogbnofoma
leash. The secure enclosure must be located so as not to interfere with the public's legal accessto 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 tothe property. In addition, the Chief ofPolice or designee 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 tube off the owner's orkeeper's premises unless the dog ismuzzled and
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restrained byanadequate leash and under the control ofacapable penmein addition, the Chief of Police or
designee may require the owner to satisfactorily complete a pet ownership or dog training program. The
Chief of Police or designee may order sterilization of the animal. The Chief of Police or designee, or upon
appea|/the municipal judge, may order the animal behumanely destroyed.
D. Tmensure correct identification, all dogs that have been classified asaggressive shd|bemicro-chippedand
photographed, and shall be fitted with a special tag or collar determined by the Animal Control Unit at the
owner's expense.
E. The owner ufaLevel 3aggressive doQshaUno«pennitthewarningsignuzbenemovedfromthesecune
enclosure. The owner ofany aggressive dmQshaUnotpermbthespecia|tagorcoUartnbeemovedfromthe
dog. The owner ofanaggressive dog shall not permit the dog tmbemoved tnanew address orchange
owners without providing the Animal Control Unit with ten days prior written notification.
A. Declassification ofLevel 1orLevel 2 dogs will occur and the restrictions required bvSection 7Q5.14Omay be
removed when the following conditions have been met:
Level I or Level 2 dogs have been classified for one year without further incident;
There have been noviolations ofthe specified regulations; and
If ordered by the Animal Control Unit or Municipal Judge at the time of classification:
The owner provides the Animal Control Unit with written certificatiunofsatsfactonycompletion
of obedience training for the aggressive dog with the owner or keeper; and
The owner provides the Animal Control Unit 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 the Animal Control Unit or Municipal Judge at the time of classification:
The owner provides the Animal Control Unit with written certification of satisfactory completion
ufobedience training for the aggressive dog with the owner orkeeper; and
The owner provides the Animal Control Unit with written verification that the classified dog has
been sterilized from a licensed veterinarian.
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 isadefense topnzoe udununderthisQhisinnthct the person isanemployee ofthe 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.
17
C. It isadefense toprosecution underth|iDivisionthenthe8ogatissueis a trained guard dog inthe
performance of official duties while confined or under the control of its handler.
A. Aperson who owns orkeeps custody orcontrol ofanaggressive dog commits anoffense ifthe person fails tm
comply with any section of this Article.
An offense under this Chapter is punishable by a fine not to exceed $2,000.00.
A, kbunlawful andconsbtutesanuisanceu*keepiivesuz k,exce[tasothenmiseprowidedinthis 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 ofany building or establishment open to the public.
13^ Hens. Noperson may keep more than eight hens inresidential zoning districts ofthe City. Acoop must be
located atleast 20feet ofthe private residence mfanother. All hens must becontained within the owner's
backyard. The owner shall provide written notice tuthe Chief of Police or designee 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 in5ubsecxions7.O6.U1OA.andB.donmtapplytu: 1)property zoned asAgricultural (4G)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 the Animal Control Unit. 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.
A. |tshall beunlawful tukeeporharborwkhinthe[ity||mdsindividua|spedesand/o,sub,pe6euofdie
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.
1. Zoological parks accredited by the American Association of Zoological Parks and Aquariums;
Z. Federally licensed research institutions;
3. Any government agency or its employee who uses the animal for an agency related to education,
propagation, orbehavior 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.
18
No person shall keep, or permit to be kept, on his premises any wild, exotic or dangerous animal for display
or for exhibition purposes, whether gratuitously or for a fee. This Section shall not apply to theatrical exhibits.
A. Every dog mcat over the age of four months shall receive arabies 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:
l. Anofficial rabies vaccination certificate; and
Z. A corresponding rabies tag that the owner must attach to the collar or harness of the vaccinated
Sec. 7J07.020.Reporting of potential rabies exposure.
A. Any person having knowledge of a potential rabies exposure to a human will report the incident tothe
Animal Control Unit 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 orsubmit itfor testing.
C. The Animal Control Unit will investigate each potential rabies exposure and assure appropriate resolution.
Sec. 7-07-030.Quarantine required; methods.
& Any dog, cat, mrdomestic ferret that has bitten ahuman onifthere bprobable csusebobeliewethatlh*dog,
cat or domestic ferret has otherwise exposed a human to rabies shall be quarantined in accordance this
Chapter,VJI.A, Health and Safety Code ch. 826' and Tex. Admin. Code Title 25Section 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 Control Unit in a
Texas Department ofHealth approved facility including alicensed veterinarian's clinic inthe City which has
facilities for isolation cages, or in a home quarantine as provided in Subsection C.
B, Quarantine will be subject tothe following conditions:
1. Quarantine shall begin at the time of the exposure and last for a period of ten days;
Z. Anunvaccinated dog, cat o,domestic ferret should not bevaccinated during the observation period;
and
I The animals must beobserved twice daily for rabies symptoms during the observation period.
[� Home Quarantine. The LRCA or designee may offer the owner of the dog, cat or ferret the option to place
the animal inhome quarantine ifthe following criteria are met:
l. Asecure enclosure must beavailable atthe home ofthe owner and must beapproved bythe Animal
Control Unit;
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
19
unvaccinated animal is not overfour months of age at the time of the bite orpotential exposure, hmay
beallowed home quarantine;
3. The Animal Control Unit oraveterinarian must observe the animal mleast onthe first and last days of
home quarantine;
4. The owner must allow the Animal Control Unit, with reasonable notice, toview and confirm the health
ofthe 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 urpotential rabies exposure;
6. The animal must be kept away from other animals and only individuals in the immediate household are
permitted tuprovide care for the quarantined animal;
The animal may not beremoved from the City limits while under quarantine;
The owner shall not subject the animal to any medical procedure, including any vaccination, without
first notifying the Animal Control Unit; and
9. The owner shall notify the Animal Control Unit immediately ifthe animal becomes sick ordisplays any
behavioral changes.
Sec. 7J08.010,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, urother bee -proof enclosure.
Sec. 7-08.020-Hhve 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 ofthe hive tothe property line.
B. Aperson who keeps abee colony within 25feet ofthe property line ofatract, asmeasured from the nearest
point ofa hive tathe property line, shall establish and maintain aflyway barrier parallel to the property line.
C. A hive shall beat least 50feet from the private residence of another.
D. The owner shall provide written notice tothe Chief ofPolice nrdesignee indicating ownership ofbees and
location ofthe hive atleast 5Ufeet from the private residence ufanother.
A. Aperson shall immediately replace the queen inabee colony that exhibits aggressive c6aracterisdcs
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
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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.
Sec. 7.08'040.Bee colony density.
A. Aperson shall not keep more than:
I. Two bee colonies onatract one -quarter acre orsmaller;
2. Four bee colonies on a tract larger than one -quarter acre but smaller than one-half acre;
3. Six bee colonies onatract one-half acre o,more but smaller than one acre;
4. Eight bee colonies unatract one acre ormore;
8, 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
asastreet orhighway.
Sec. ��.010.Enforcement.
c
A. The Animal Control Officer vftheOt urother designees mfthe City Manager shall bethe enforcement
officials for this Title and shall:
1. Administer and enforce all State and Federal laws pertaining toanimals which authorize the local
rabies control authority or the Animal Control Unit to enforce the same and aid the State Health
Department in the enforcement of area quarantines;
I Administer and enforce all provisions ofthis Title;
3. Gather, impound, orquarantine any animal found inviolation ofthis Title; and
4. Issue citations to owners of any animal found in violation of this Title unless otherwise excepted by
law.
Sec. 7'09'020-Violations; penalty'
Any violation ofthe provisions ofthis Title shall bepunishable byafine asset out inSection 110.V10dfthe
Code ofOrdinances unless otherwise specifically set out in this Title. Each day that a violation is permitted to exist
shall constitute aseparate offense.
Sec. 7J09J030.Animal services fees.
A. Annual licensing fees are established bythe Animal Shelter.
B. Annual Permit fees:
1. Kennel Permit: $250.00
2. Multiple Pet Permit: $100.00
3. • Sales Permit' $500.00
4. Registered Dangerous Dog (annual inspection required)$100.00
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