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Ordinance 1987-57 ORDINANCE NO. ~~-~j7 BEING AN ORDINANCE OF THE CITY OF WYLIE REPEALING ORDINANCES 68-6, 75-1-79-15, AND 79-28 AND ESTABLISHING MINIMUM REQUIREMENTS FOR KEEPING AND/OR MAINTAINING ANIMALS, PROVIDING A REPEALING CLAUSE, PROVIDING A SEVERABILITY CLAUSE, PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE AND DECLARING AN EFFECTIVE DATE. WHEREAS: The City Council has determined that the present Animal Control Ordinances of the City are antiquated and in need of consolidation and modernization therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, that SECTION 1. That Ordinances 68-6, 75-1, 79-15, and 79-28 are hereby repealed. SECTION 2. Definitions The following words, terms and phrases, when used in this ordinance shall have the meanings ascribe to them in this section, except where the context clearly indicates a different meaning: Animal-means any live vertebrate creature, domestic or wild. Animal Control Officer-means a person designated by the City Manager to represent and act for the city in the impounding of animals, controlling of animals running at large and as otherwise required in this ordinance. Animal Shelter-means a facility operated by the city for the purpose of impounding or caring for animals held under the authority of this ordinance or state law. At Large-means off the premises of the owner and not under the control of the owner or another person authorized by the owner to care for the animal by leash, cord, chain or rope. Circus-means a commercial variety show featuring animal acts for public entertainment. Commercial Animal Establishment-means any pet shop, auction, riding school or stable, zoological park, circus, recurring animal exhibition or kennel. Kennel-means any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs and cats. Livestock-means all domesticated animals, including but not limited to horses, cows, mules, goats, sheep, and pigs. Owner-means any person, partnership, or corporation owning, keeping or harboring one (1) or more animals. An animal shall be deemed to be harbored if it is fed or sheltered for three (3) consecutive days or more. Performing Animal Exhibition-means any spectacle, display, act or event other than circuses in which performing animals are used. Pet-means any animal kept for pleasure rather than utility. Pet Shop-means any person, partnership, or corporation, whether operated separately or in connection with another business enterprises, except for a licensed kennel, that buys, sells, boards, or grooms any species of animal. Public Nuisance-means any animal which molests passersby or passing vehicles, attacks other animals, trespasses on school grounds, roams at large damages, public or private property, barks, whines, meows, or howls in an excessive continuous, or untimely fashion. Restraint-means secured by a leash or lead or under the control of a responsible person and obedient to that person's commands,or within the real property limits of its owner and under the control of a responsible person and obedient to that person's commands. Riding school/stable-means any place which has available for hire, boarding, and/or riding instruction any horse, pony, donkey, mule, or burro. Vaccination-means an injection of united States Department of Agriculture approved rabies vaccine administered every twelve (l2) months or as prescribed by the Texas Board of Health by a licensed veterinarian. Veterinary hospital/clinic-means any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals. Vicious Animal-means any individual animal that has on two (2) previous occasions without provocation attacked or bitten ay person or other animal, or any individual animal which the environmental health department and/or a licensed Veterinariann has a reason to believe has a dangerous disposition. Wild Animal-means any live monkey (nonhuman primate), raccoon, skunk, ferret, fox, wolf, bear, leopard, panther, tiger, lion, lynx, or any other animal which can be normally found in the wild state, including poisonous snakes, boa constrictors, alligators, crocodiles and other reptiles. Zoological Park-means any facility other than a pet shop or kennel, displaying or exhibiting one (l) or more species of nondomesticated animals, operated by a person, partnership, corporation, or governmental agency. SECTION 3: PET AND ANIMAL CARE GUIDELINES: The following are established as guidelines for pet and animal care and (are) not intended to contravene the provisions for animal cruelty contained in the Texas penal Code. (a) PROVISION OF FOOD, SHELTER AND CARE GENERALLY: No owner shall fail to provide his animals with sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering, and with humane care and treatment. (b) ABUSE OF ANIMAL FIGHTING: No person shall beat, cruelly ill-treat, torment, overload, overwork or otherwise abuse an animal, or cause, instigate or permit any dogfight, cockfight, bullfight, or other combat between animals or between animals and humans. (c) ABANDONMENT: No owner of an animal shall abandon such animal. (d) COSMETIC SURGERY: No person shall crop a dog's ears, except when a licensed veterinarian issues a signed certificate that the operation is necessary for the dog's health and comfort; and in no event shall any person except a licensed veterinarian perform such an operation. (e) STRIKING WITH A VEHICLE: Any person who, as the operator of a motor vehicle, strikes a domestic animal shall stop at once and render such assistance as may be possible, and shall immediately report such injury or death to the animal's owner; in the event the owner cannot be ascertained and located, such operator shall at once report the accident to the appropriate law enforcement agency or to the local humane society. SECTION 4: ENFORCEMENT (a) The provisions of this ordinance shall be enforced by the Animal Control Officer(s). The animal control officer(s) have the authority to issue citations to persons violating the provisions of this ordinance. (b) It shall be unlawful for any person to interfere with an animal control officer(s) or his duly authorized representative in the performance of his duties as prescribed by this ordinance. (c) Animal control officer(s) have the right to pursue animals running at large onto private property while enforcing the provisions of this ordinance. SECTION 5: PAYMENT OF FEES GENERALLY The Animal Control Officer(s) shall be responsible for collecting all fees established and levied in accordance with this ordinance. Under no circumstances will there be refunds of any fees. SECTION 6: CERTAIN ESTABLISHMENTS EXEMPT FROM LICENSE AND PERMIT REQUIREMENTS Veterinary hospitals/clinics and government-operated shelters and zoological parks are exempt from obtaining any permits that may be required by this ordinance. SECTION 7: DOG AND CAT PERMITS AND TAGS - GENERALLY (a) It shall be unlawful for any person to own, keep or harbor any dog or cat within the city, unless a current registration permit has been issued for such dog or cat in accordance with this section. (b) The owner of any dog or cat within the city shall make application to the Animal Control Officer(s) of the city or his representative for a registration permit for such dog or cat. Such application shall contain information on the dog's or eat's description, date of vaccination, and name, address and telephone number of the owner, keeper or harborer. The owner, keeper or harborer shall also present to the Animal Control officer(s) of the city or his representative a current certificate of vaccination issued for such dog or cat in accordance with Section 10 of this ordinance. (c) For each dog or cat the registration permit shall be accompanied by a fee of three dollars ($3.00) per year. (d) Upon the owner's compliance with the above provisions of this section, the Animal Control Officer(s) or his representative shall issue a registration permit for the dog or cat, together with a metal tag, which tag shall be attached to the dog's or eat's collar. (e) A permit issued under this section shall be valid for the calendar year in which issued and shall be renewed on or before the first day of January of the following year. (f) If a permit tag issued under this section is lost or stolen, it may be replaced by payment of a fee of one dollar ($l.00) and presentation of the registration permit. If the tag and registration permit are both lost or stolen, a new permit must be purchased at the regular fee as set out above. (g) Any false statement in a rabies certification, or application for a permit under this section, shall render null and void the permit issued for such dog or cat and shall subject such dog or cat to being impounded in accordance with the provisions of this ordinance. SECTION 8: DOG AND CAT PERMITS AND TAGS - EXCEPTIONS Fees under section 7 shall not be required for dogs trained to assist the auditory or visually impaired person, nor for government police dogs. SECTION 9: DOG AND CAT PERMITS AND TAGS - TRANSFER; USED FOR OTHER ANIMAL (a) It shall be unlawful for any person to use any permit for any animal other than the animal for which it was issued. (b) Permits shall not be transferable among animals or their owners. State law reference - Registration of dogs and cats, Vernon's Ann. Civ. st., art. 4477-6a & 3.07. SECTION 10: PERMIT/LICENSE REVOCATION (a) The Animal Control Officer(s) may revoke any permit or license of any person regulated by this ordinance if the person holding the permit or license refuses or fails to comply with this ordinance or any law governing the protection and keeping of animals. (b) The Animal Control Officer(s) shall be permitted to inspect all animals and the premises where animals are kept at any time. If permission to inspect is refused, the license of the owner may be revoked. In any instance, the animal control officer has the right to enter private property and commercial animal establishments to enforce regulations covered in this ordinance. (c) The Animal Control Officer(s) shall have the right to order the humane disposition of animals when a license is revoked. State law reference - Right of entry of state health inspectors, Vernon's Ann. Civ. st., art. 44l4b, & 1.05, art. 4419b-l & 3.07. SECTION 11: VACCINATION OF ANIMALS CAPABLE OF TRANSMITTING RABIES The owners of all animals capable of transmitting rabies shall have such animals vaccinated, every twelve (12) months or as prescribed by the Texas Board of Health against rabies with a vaccine approved by the United States Department of Agriculture and administered by a licensed veterinarian, who shall issue to the owner of the animal a vaccination certificate. The owner shall retain such certificate until the vaccination, a metal tag shall be issued by the veterinarian showing the name of the veterinary clinic, the tag number, and the year of issuance. State law reference - Vaccination of dogs and cats, Vernon's Ann. Civ. st. art 4477-6a & 3.05. SECTION 12: RABIES CONTROL (a) It shall be the duty of the owner or harborer of any animal or practicing veterinarian to report to the environmental health department all suspected cases of rabies. The report shall be made immediately upon diagnosis or suspicion of rabies in animals. (b) Should a potential outbreak of rabies within the city be suspected and the danger of the public safety from rabid animals be reasonably eminent, the Animal Control Officer(s) is hereby authorized to issue a quarantine proclamation, ordering persons owning, keeping, or harboring dogs, cats, or other animals to muzzle the same or confine them for such time as may be specified in such quarantine proclamation. Upon publication of such proclamation by local newspapers, persons owning or harboring such animals shall confine them to premises unless they are effectively muzzled and under the control of an adult person by leash, cord, chain, or rope. Animals found at large in violation of this subsection may be destroyed by an officer of the city if such officer is unable with reasonable effort to apprehend such animals for impoundment. SECTION 13: BITES BY ANIMALS (a) The Animal Control Officer(s) shall investigate reports in which animals have bitten persons. It shall be the responsibility of animal control officers to obtain details on the bite cases, and to conduct a follow-up investigation of the biting animal to determine if it is suffering from rabies. (b) Any animal suspected of biting a person or animal shall be placed under a quarantine watch to determine if the animal is infected with rabies. This quarantine shall be for a period not less than ten (10) days after the biting of such person or animal. The length of the quarantine shall be determined by the investigating animal control off icer (s) . (c) The owner of the animal shall surrender the animal to the Animal Control Officer immediately, or otherwise arrange for the Animal Control Officer to pick up and retain such animal, in a separate kennel at the animal shelter for the period of the quarantine. AFter the animal has been released from quarantine, the owner may redeem the animal from the animal shelter by payment of the fees prescribed in this ordinance. (d) In lieu of animal quarantine at the animal shelter, the Animal Control Officer may authorize the animal to be retained on the owner's premises. (1) When quarantined at home the animal must be restrained and removed to an area where it will not come in contact with any persons or animals outside the household. (2) The animal must be made available to the Animal Control Officer for periodic inspections. (3) The owner will observe the animal for any signs of illness or personality changes and report such changes to the Animal Control Officer(s). (4) The animal may not be moved from the known quarantine location without prior notification and approval of the Animal Control Officer. (5) The animal will remain under quarantine until the owner is notified that the final health inspection has been made and that the animal has been cleared by the Animal Control officer. Contact will be made by phone, personal service, or certified mail. (6) The animal may not receive a vaccination for rabies during the quarantine period. (7) Failure to comply with all conditions of residence quarantine will result in the animal being impounded at the animal shelter for the duration of the quarantine period. (e) After the animal has been released from quarantine, the owner will have five (5) days in which to have the animal registered with the city by the purchase of a city registration tag. (f) It shall be unlawful for any person to interfere with the enforcement of this section or to fail to refuse to surrender to an Animal Control Officer(s) or other member of the environmental health department any animal involved or suspected of being involved in a bite case, or to otherwise fail or refuse to provide for the quarantining of animals as may be authorized by this ordinance. SECTION 14: IMPOUNDMENT OF ANIMALS RUNNING AT LARGE (a) The Animal Control Officer or any police officer shall take up and impound any animal found running at large in violation of this ordinance. If the owner, keeper, or harborer of such animal is known or can be readily ascertained the Animal Control Officer(s) shall notify him by telephone, personal service, or certified mail not later than the day following such impoundment. (b) The owner, keeper, or harborer of any animal impounded under this section may redeem same within seven (7) days by payment of this impounding fee and boarding fee as follows: (1) For every impounded dog or cat, a shelter fee of twenty dollars ($20.00) plus two dollars ($2.00) for each day of impoundment; (2) For every other impounded animal, a shelter fee of twenty dollars ($20.00), plus four dollars ($4.00) for each day of impoundment. Fractions of a twenty-four-hour period shall be computed at a full day's rate for the purposes of the daily charges set out above. (c) No animal, impounded within the animal shelter under the provisions of this section shall be released to its owner, keeper, or harborer until any permit required by this ordinance has been obtained for the animal and until the animal has been vaccinated in accordance with this ordinance. (d) All impounded animals not redeemed with seven (7) days may be destroyed in a humane manner by a licensed veterinarian or under his/her supervision or offered for adoption by the Animal Control officer(s) for a period of one week or transferred to an area Humane Society or approved animal shelter. (e) Any impounded animal which has been seriously injured or is seriously ill or is incapable of feeding itself may be submitted to euthanasia immediately to prevent suffering by a licensed veterinarian or under his/her supervison.. The animal shelter may not be responsible for providing veterinary medical care for any sick or injured animal, however if care is provided to any animal, the owner is responsible for all veterinarian and medical hcarges which shall be paid before the animal is released. SECTION 15: KENNELS Kennels will not be allowed in residentially zoned areas. SECTION 16: WILD ANIMALS (a) No owner shall keep or permit to be kept on his premises or premises under his control any wild or vicious animal for sale, display, or for exhibition purposes, whether gratuitously or for a fee. This section shall not be construed to apply to zoological parks, performing animal exhibitions, or circuses. (b) No person shall keep or permit to be kept any wild animal as a pet. (c) The Animal Control Officer(s) may issue temporary approval for the keeping, care, and protection of an injured, newborn or immature animal native to this area which he deems to be incapable of caring for itself. (d) The environmental health department shall have the power to release or order released any animal being kept temporarily under the provisions of the previous paragraph. SECTION 17: VICIOUS ANIMALS A vicious animal shall not be allowed in the city limits. SECTION 18: LIVESTOCK (a) No person shall engage in keeping livestock within the corporate limits of the city, except in districts zoned by the comprehensive zoning ordinance of the city as Agriculture. No more than one (1) animal defined as being livestock per four thousand five hundred (4,500) square feet of available space may be kept in any agricultural zoning district or residential lot of one acre or more in size. (b) It shall be unlawful to own or keep chickens, ducks, turkeys, geese, peacocks, or guineas within the corporate limits of the city, except in agricultural zoned districts, lakes, and public park lands. SECTION 19: PROTECTION OF ANIMALS (a) Chickens or ducklings younger than eight (8) weeks of age may not be sold in quantities of less than ten (10) to a single purchaser. (b) No person shall give away any animal as a prize for, or as an inducement to enter any contest, game or competition, or as an inducement to enter a place of amusement, or offer such animal as an incentive to enter into any business establishment whereby the offer was for the purpose of attracting trade. (c) No person shall knowingly expose any known poisonous substance, whether mixed with food or not, so that the same may be eaten by any pet or domestic animal. SECTION 20: RESTRAINT All animals shall be kept under restraint. SECTION 21: PREVENTION OF PUBLIC NUISANCES Every owner shall exercise proper care and control of his animals to prevent them from becoming a public nuisance. SECTION 22: ANIMAL WASTE (a) It shall be unlawful and considered a public nuisance for any person to allow any pen, enclosure, yard or similar place used for the keeping of animals to become unsanitary, offensive by reason of odor, or disagreeable to persons of ordinary sensibilities residing in the vicinity thereof because of flies or other insects. Any condition injurious to public health caused by improper waste disposal will be considered a violation of this ordinance. (b) The owner of every animal shall be responsible for the removal of any excreta deposited by his animal on public walks, recreation areas, or private property. SECTION 23: ANIMAL NOISE It shall be unlawful and considered a public nuisance to keep any animal which, by causing frequent or long continued barking or noise, shall disturb any person of ordinary sensibilities in the vicinity. SECTION 24: TRAPS Humane traps may be used for capturing animals roaming unrestrained in the city. The use of steel jaw traps to apprehend animals is illegal. SECTION 25: CONFLICTING CLAUSE That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 26: SEVERABILITY CLAUSE Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional and shall not affect the validity of the remaining portions of this ordinance. SECTION 27: PENALTY Any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to a fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense, and each day such violation shall continue to exist shall constitute a separate offense. SECTION 28: PUBLICATION CLAUSE This ordinance shall take effect immediately from and after its passage and publication of its caption, as the law in such cases provides. DULY PASSED BY THE THIS THE /3,1-/1 CITY COUNCI~ Of ~HE CITY OF WYLIE, TEXAS, DAY OF L-r~;LJ , 1987. ~~' /..' ~ ....------- ./,y-/ -,..... /;:y~... ... ..~ -<-::-;-??' c:,..---- ~.,~.~ Chuck Tr imble, Mayor-- ,1;11A1~ ity Secretary ATTEST: