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HomeMy WebLinkAbout1981-0104603 NO 21-1O AN ORDINANCE AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, IN ITS ENTIRETY BY PROVIDING A SHORT TITLE, DEFINING TERMS, ESTABLISHING AN ANIMAL CONTROL CENTER, ENFORCEMENT RESPONSIBILITY, AUTHORITY OF THE ANIMAL CONTROL OFFICER TO ISSUE CITATIONS, KILL, IMPOUND OR DESTROY ANIMALS, AUTHORITY OF PRIVATE PERSON TO IMPOUND STRAY ANIMALS, PROHIBIT AND REGULATE THE BREEDING OF CERTAIN ANIMALS, HERDING OF ANIMALS, AND KEEPING OF CERTAIN LIVESTOCK, PROHIBIT THE KILLING OF BIRDS IN THE CITY EXCEPT BY PERMISSION OF THE CITY COUNCIL, PROHIBIT THE INJURING OR CAPTURING OF ANIMALS ON PUBLIC PROPERTY, REGULATING THE KEEPING OF FOWL AND PIGEONS IN THE CITY, PROHIBITING THE SALE OR COLORING OF CERTAIN ANIMALS, REGULATING PERFORMING ANIMAL EXHIBITIONS, PROHIBITING THE ABANDONMENT OF ANIMALS, REGULATING THE KEEPING OF PROHIBITED ANIMALS IN THE CITY AND ESTABLISHING A PERMIT PROCEDURE, PROHIBITING CERTAIN UNREASONABLE ANIMAL NOISE AND ESTABLISHING A PROCEDURE FOR HANDLING OF ANIMAL COMPLAINTS, PROVIDING FOR ANIMAL QUARANTINE, REQUIRING VACCINATION OF DOGS AND CATS, PERMITING ADOPTION OF DOGS AND CATS FROM THE ANIMAL CONTROL CENTER UNDER CERTAIN GUIDELINES, ESTABLISHING A VICIOUS DOG PROCEDURE, IMPOUNDMENT FEES AND RECORDS, REDEMPTION PERIOD FOR ANIMALS, PROVIDING FOR A FINE OF NOT MORE THAN TWO HUNDRED DOLLARS ($200 00) FOR EACH VIOLATION HEREOF, PROVIDING A SAVINGS CLAUSE, PROVIDING A SEVERABILITY CLAUSE, PROVIDING FOR PUBLICATION AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That Chapter 4 of the Code of Ordinances of the City of Denton, Texas, as amended, is hereby amended in its entirety to read as follows Section 4-1 Section 4-2 Section 4-3 Section 4-4 Section 4-5 Section 4-6 Section 4-7 Section 4-7 Section 4-8 Section 4-9 Section 4-10 Section 4-11 Section 4-12 Section 4-13 CHAPTER 4 ANIMALS TABLE OF CONTENTS Short Title Definitions Animal Control Enforcement Authority to Animals Confinement of Center Established Kill, Impound, or Destroy Animals by Individual Stray Animals Same -Duty of Officers to Impound Breeding of Certain Animals Prohibited Herding Prohibited Keeping of Certain Stock Enclosure Required in Keeping Certain Animals Killing of Birds Injuring, Capturing or Killing Animals on Public Property Section 4-14 Keeping of Fowl Section 4-15 Pigeons Section 4-16 Sale or Coloring of Certain Animals Section 4-17 Performing Animal Exhibitions Section 4-18 Abandonment of Animals Section 4-19 Prohibited Animals, Permit Section 4-19 1 Revocation Section 4-19 2 Appeal from Denial or Revocation Section 4-20 Section 4-21 Section 4-22 Section 4-22 1 Section 4-22 2 Sections 4-23/30 Section 4-31 Section 4-32 Section 4-33 Sections 4-34/40 Section 4-41 Section 4-42 Sections 4-43/50 Section 4-51 Section 4-52 Section 4-53 Sections 4-54/60 Animal Noise, Waste, Keeping of Bees Internal Procedure for Animal Complaints Under Section 4-20(a) Reporting Animal Bite, Animal Under Quarantine, Rabies Suspect Animal Quarantine Rabies Quarantine, Confinement, Disposition Reserved Vaccination of Dogs & Cats Adoption of Dogs & Cats Release of Impounded Dogs & Cats, Fees Reserved Vicious Dog - Procedure & Hearing Failure to Release or Remove Dog Reserved Impoundment Fees Impoundment Records Redemption Period of Animals Reserved ARTICLE I GENERAL SECTION 4-1 SHORT TITLE This Chapter may be cited as the Denton Animal Control Ordinance SECTION 4-2 DEFINITIONS In this Chapter the following definitions shall apply unless clearly indicated to the contrary 1 "City Manager" means the chief executive officer and head of the administrative branch of the city government or his authorized representative 2 "Animal Control Officer" means the person or persons designated by the City Manager to represent and act for the City of Denton in the impoundment of animals, controlling of stray animals and as otherwise required in this chapter 3 "Owner" means any person who has title to any animal, harbors or keeps any animal in his possession, or who permits any animal to remain on or about his premises 4 "Person" means any individual, corporation, or association 5 "Possession" means actual care, custody, control or management 6 "Public Place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to streets, sidewalks, highways, alleyways, parks, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops 7 "Animal", unless otherwise stated, includes birds, fish, mammals (excluding human beings), and reptiles 8 "Stray" means to wander upon a public place or the property of another person 9 "Vicious Animal" means any animal which without reasonable provocation attacks other animals, or has bitten or physically attacked a human being 10 "Prohibited Animal" means an animal not normally considered domesticated, including but not limited to the following PAGE 2 (a) Class Reptilia Family Helodermatidea (The Venomous Lizards), Family Viperidae (Rattlesnakes, Pit Vipers and True Vipers), Family Elapidae (Coral Snakes, Cobras and Mambas), Family Colubridae - Dispholidus typus (Boomsland), Cyclagras gigas (Water Cobra) and Boiga dendrophila (Mangrove Snake) only, Order Phidia (Racers, Boas, Water Snakes, and Pythons), Order Crocodilia (Crocodiles, Alligators, Caimans and Gavials), (b) The following members of the Class Aves Subdivision Ratitae (such as ostriches, rheas, cassowaries and emus), (c) Class Mammalia Order Carnivora, Family Felidae (such as ocelots, margays, tigers, jaguars, leopards and cougars), except commonly accepted domesticated cats, the Family Canidae (such as wolves, Bingos, coyotes and jackals), except domesticated dogs, Family Mustelidae, (such as weasels, martins, mink, badgers), Family Procyonidae (racoon), Family Ursidae (such as bears), and Order Marsupialia (such as kangaroos and common opossums), Order Edentata (such as sloths, anteaters, and armadillos), Order Proboscidea (elephants), Order Primata (such as monkeys, chimpanzees and gorillas), Order Rodentia (such as porcupines), and Order Ungulata (such as antelope, deer, bison and camels) Prohibited animal does not mean a psittacine bird, canary, finch, hamster, guinea pig, rat, mouse, gerbil, or reptile families Leptotyphlopidae and Colubridae 11 "Premises" means the grounds and all buildings and appurtenances pertaining to the grounds, including any adjacent premises if they are directly or indirectly under the control of the same person 12 "Enter" means the intrusion of the entire body 13 "Building" means any enclosed structure intended for use or occupation as a habitation 14 "Habitation" means a structure that is adopted for the overnight accommodation of persons, and includes (a) Each separately secured or occupied portion of the structure, and (b) Each structure appurtenant to or connected with the structure 15 "Livestock" means domesticated animals normally kept for farm purposes including, but not limited to cattle, horses, sheep, goats and pigs SECTION 4-3 ANIMAL CONTROL CENTER ESTABLISHED The City Council shall select and establish facilities in the City of Denton for impoundment, adoption, maintenance, and destruction of stray, diseased, or vicious animals SECTION 4-4 ENFORCEMENT 1 Enforcement of this ordinance shall be the responsibility of the City Manager 2 The Animal Control Officer shall have the authority to issue citations for any violation of this ordinance (a) It shall be unlawful for any person upon being issued a citation to intentionally or knowingly give the Animal control Officer other than his true name and address PAGE 3 (b) It shall be unlawful to intentionally or knowingly fail to appear in accordance with the terms of a citation issued by the Animal Control Officer 3 If the person being cited is not present, the Animal Control Officer may send the citation to the alleged offender by certified or registered mail, return receipt requested 4 It shall be unlawful for any person to intentionally or knowingly interfere with the Animal Control Officer in the performance of his duties SECTION 4-5 AUTHORITY TO KILL, IMPOUND, OR DESTROY ANIMALS The Animal Control Officer is authorized to 1 Kill an animal which poses an imminent danger to a person or property and a real or apparent necessity exists for destruction of the animal, 2 Impound an animal which is diseased and endangers the health of a person or another animal, 3 Destroy an impounded animal at the Animal Control Center if the Animal Control Officer determines that recovery of the animal from injury, disease, or sickness is in serious doubt SECTION 4-6 CONFINEMENT OF ANIMALS BY INDIVIDUAL If a stray animal is found upon the premises of another, the occupant of the premises may confine the animal only for so long as reasonably necessary to notify the Animal Control Center and have the animal impounded In attempting to confine the animal, the occupant shall not use any force that is intended or known by the occupant to cause, or in the manner of its use or intended use is capable of causing, death or injury to the animal SECTION 4-7 STRAY ANIMALS Without regard to his mental state, an owner of an animal commits an offense if the owner fails to restrain the animal in a fenced yard, enclosed structure, or by a leash and the animal strays SECTION 4-7 1 SAME- DUTY OF OFFICERS TO IMPOUND The Animal Control Officer is authorized to impound any animal which strays in the city and may impound any animal which has been confined under Section 4-6 of this chapter In the event a stray animal is on private property, the impounding officer may enter upon the property for the purpose of impoundment or issuance of a citation, or both Provided, however, no Animal Control Officer shall enter a building upon private property for the purpose of impoundment or issuance of a citation without the effective consent of the owner, the order of a magistrate as defined by the Texas Code of Criminal Procedure, as amended, or as otherwise allowed by law SECTION 4-8 BREEDING OF CERTAIN ANIMALS PROHIBITED it shall be unlawful for any person to intentionally or knowingly keep for breeding purposes or employ for breeding purposes any jack, bull, stallion, ram, be -goat or other livestock within the corporate limits of the City SECTION 4-9 HERDING PROHIBITED It shall be unlawful for any person to intentionally or knowingly move herds of animals along or upon any public place PAGE 4 within the corporate limits of the City without the permission of the City Council, except that this section shall not be applicable to any officer, agent or employee of the federal, state or local government if such herding is done in the performance of his official duties SECTION 4-10 KEEPING OF CERTAIN LIVESTOCK Hogs It shall be unlawful for any person to intentionally or knowingly feed, or keep any species of swine in any lot, pen, building, stable or other enclosure in the city, any part of which lot, pen, building, stable or other enclosure is nearer than one thousand (1,000) feet to any building Other Animals It shall be unlawful for any person to intentionally or knowingly feed, stable, pasture or keep any cow, goat, horse, mule, donkey or sheep in any lot, pen, building, stable or other enclosure in the city, any part of which lot, pen, building, stable or other enclosure is within two hundred (200) feet of any building SECTION 4-11 ENCLOSURE REQUIRED IN KEEPING CERTAIN ANIMALS (a) Size of Lots It shall hereafter be unlawful for any person to intentionally or knowingly stable, pasture, feed, or keep any hog, pig, cow, goat, horse, mule, donkey or sheep in any lot, pen, building, stable or other enclosure in the city, smaller in size and dimensions than is required by the following specifications For one cow, sheep, goat, horse, mule, donkey, hog or pig, a lot, pen, building or other enclosure of not less than four hundred (400) square feet shall be required For each additional cow, sheep, goat, mule, donkey, hog or pig, in any such lot, pen, building or other enclosure, an additional four hundred (400) square feet shall be required (b) Manure Boxes Each and every lot, pen, building, stable or other enclosure in the city in which any of the above -named animals or other related species are kept, fed, bred, stabled, pastured or housed shall have a manure box not less than four (4) feet square and not less than three (3) feet deep in which all manure and droppings shall be placed each day Each such box shall be securely screened or otherwise protected from flies, vermin and rodents and shall be thoroughly cleaned out and disinfected at least once each week It shall be unlawful to pile or stack manure in open stacks in the city SECTION 4-12 KILLING OF BIRDS It shall be unlawful for any person to intentionally kill, injure, or administer poison to any bird whatsoever within the city limits without the permission of the City Council SECTION 4-13 INJURING, CAPTURING OR KILLING ANIMALS ON PUBLIC PROPERTY Except as may be otherwise provided in this chapter, it shall be unlawful to intentionally or knowingly interfere with, injure, capture or kill any animal within any public park, driveway, street or other public property of the city except by permission of the City Council, provided, that this section shall not apply to harmful rodents, reptiles or insects SECTION 4-14 KEEPING OF FOWL It shall be unlawful for any person to intentionally or knowingly keep any chicken, turkey, guinea, geese, duck, quail, pheasant or other game fowl in any fenced yard or enclosure any PAGE 5 part of which is within two hundred (200) feet of any building in the City SECTION 4-15 PIGEONS (a) It shall be unlawful for any person who owns a pigeon to intentionally allow the pigeon to stray in the city (b) It is a defense to prosecution under Subsection (a) of this section that the bird was an Antwerp Messenger, homing, or carrier pigeon and was identified or marked as the owners property (c) It shall be unlawful for any person to knowingly be in possession of more than twenty-five (25) pigeons on any premises within the city (d) It shall be unlawful for any person to knowingly keep the enclosure in which such pigeons are confined in such a manner so as to give off odors offensive to persons of ordinary sensibilities residing in the vicinity, or to breed or attract flies, mosquitoes, or other noxious insects, or, allow such pigeons to cause considerable noise to the annoyance and discomfort of surrounding neighbors so that the reasonable use and enjoyment of their property is disturbed or, in any manner, to endanger the public health or safety, or otherwise create a public nuisance SECTION 4-16 SALE OR COLORING OF CERTAIN ANIMALS (a) It shall be unlawful for any person to knowingly sell, offer for sale exchange or give away any chicken, duckling or other fowl, rabbit, or aquatic turtle, younger than eight weeks of age as a toy, premimum, novelty or pet unless the manner or method of display is first approved by the Animal Control Officer (b) It shall be unlawful for any person to knowingly color, dye, stain, or otherwise change the natural color of any chicken, duckling, other fowl, rabbit, or aquatic turtle, or to possess for the purpose of sale, exchange, or gift, any of the abovementioned animals which have been so colored SECTION 4-17 PERFORMING ANIMAL EXHIBITIONS (a) No performing animal exhibition or circus shall be permitted in which an animal is induced or encouraged to perform through the use of a chemical, mechanical, electrical, or manual device in a manner which causes, or is likely to cause, physical injury or suffering It is a defense to prosecution under this Section that, at the time of the conduct charged, the actor was engaged in bona fide experimentation for scientific research (b) All equipment used on a performing animal shall fit properly and be in good working order SECTION 4-18 ABANDONMENT OF ANIMALS (a) It shall be unlawful for any person to intentionally or knowingly abandon any animal within the corporate limits of the city Any person violating this section shall bear full cost and expenses incurred by the city in the care of said abandoned animal and said person shall reimburse to the city all costs therefor as determined by the Animal Control Officer (b) It shall be unlawful for any person to intentionally or knowingly confine or allow to be confined any animal in a motor vehicle or trailer under such conditions or for such periods of time as may endanger the health or well-being of the animal due to heat, lack of food or water or any other circumstances which PAGE 6 might cause suffering, disability, or death If the Animal Control Officer or any police officer of the city has reasonable grounds to believe that an animal is in a motor vehicle or trailer under such circumstances, he is authorized to immediately impound the said motor vehicle or trailer and enter it if necessary to remove the animal Removed animals will be taken to the Animal Control Center and impounded SECTION 4-19 PROHIBITED ANIMALS, PERMIT (a) A person commits an offense if the person owns or exhibits a prohibited animal within the city (b) It is an exception to the application of Subsection (a) if the owner or exhibitor holds a prohibited animal permit or is a governmental entity (c) A permit for the possession of a prohibited animal may be issued only to a zoo, research institution, individual researcher, public or private primary or secondary school, performing animal exhibition, rodeo, or circus, of which the animal is an integral part, if the animal is restrained from inflicting injury upon persons, property, or other animals and adequate provision is made for the care and protection of the animal A permit may be issued to an individual researcher only upon the recommendation of a medical institution or the director of a research institution (d) The fee for a permit is $10, and the permit is valid for a designated period of time not to exceed 12 months A permit may be renewed for the same fee (e) A permit is issued for one or more animals of an owner or exhibitor at a single location SECTION 4-19 1 REVOCATION (a) The Animal Control Officer shall revoke a permit to own or exhibit a prohibited animal within the city if 1 the permit holder fails to property restrain his animal, or 2 the permit holder fails to adequately care for or protect his animal SECTION 4-19 2 APPEAL FROM DENIAL OR REVOCATION (a) If the Animal Control Officer refuses to issue or renew a prohibited animal permit, or revokes a permit, he shall send to the applicant or permit holder by certified mail, return receipt requested, written notice of his action and a statement of the right to an appeal The applicant or permit holder may appeal the decision of the Animal Control Officer to the City Manager by filing with the City Manager a written request for a hearing, setting forth the reasons for the appeal, within 10 days after receipt of the notice from the City Manager The filing of a request for an appeal hearing with the City Manager stays any action by the Animal Control Officer to revoke a permit until the city manager or his designated representative makes a final decision If a request for an appeal hearing is not made within the 10 day period, the action of the Animal Control Officer is final (b) The City Manager or his representative shall serve as hearing officer at an appeal hearing and consider evidence offered by any interested person The formal rules of evidence do not apply at an appeal hearing, the hearing officer shall make his decision on the basis of a preponderance of the evidence presented at the hearing The hearing officer must render a decision within 30 days after the request for an PAGE 7 appeal hearing is filed The hearing officer shall affirm, reverse, or modify the action of the Animal Control Officer, and his decision is final unless the applicant or permit holder files a written request with the city secretary for a hearing before the permit appeal board within 10 days after receipt of notice of the action of the hearing officer A written request for a hearing before the permit appeal board stays the action of the hearing officer in revoking a permit until the appeal board renders a final decision (c) If a request for an appeal hearing before the permit appeal board is filed within the 10 day period, the city council shall appoint three city council members to serve as a permit appeal board and hear and consider evidence offered by any interested person The formal rules of evidence do not apply to an appeal hearing before the permit appeal board The board shall decide the appeal on the basis of a preponderance of the evidence presented at the hearing The board shall affirm, reverse, or modify the action of the hearing officer by a majority vote The result of an appeal hearing before the appeal board is final SECTION 4-20 ANIMAL NOISE, WASTE, KEEPING OF BEES It shall be unlawful for any person to knowingly (a) keep any animal that unreasonably barks, howls, whines, crows, or makes other unreasonable noise common to its species near a private residence so that the reasonable use and enjoyment of such property is disturbed (b) keep any animal in such a manner as to endanger the public health by the accumulation of organic body wastes (c) keep any animal which habitually deposits body wastes upon or destroys by chewing, scratching, digging or otherwise, property other than that of the owner of such animal (d) keep bees in such a manner as to deny the reasonable use and enjoyment of adjacent property or endanger the personal health and welfare of the inhabitants of the City of Denton SECTION 4-21 INTERNAL PROCEDURE FOR ANIMAL COMPLAINTS UNDER SECTION 4-20(a) A report alleging a violation of Section 4-20(a) of this ordinance must be written and signed by a person who has personal knowledge of such violation and who can identify the owner of the animal or the premises where the animal is located The Animal Control Officer shall investigate the report to determine whether probable cause exists for the issuance of a citation Provided, however, that informal resolution of the complaint may be attempted by the Animal Control Officer according to the following procedure (a) Written notice of the report shall be personally served or sent by certified mail to the alleged violator with a request to correct the problem (b) If the complainant notifies the Animal Control Center that the problem persists, a final notice shall be personally served or sent by certified mail to the alleged violator informing said person that an investigation will be conducted by the Animal Control Center within seven (7) days of the receipt of the notice and that if the problem is not corrected within this time, the violator will be requested to appear before a hearing officer appointed by the City Manager (c) If the investigation shows that the problem persists, an informal hearing on the complaint shall be held on adequate notice to the parties and shall be conducted by the animal PAGE 8 control hearing officer, with the alleged violator, complainant, and any witnesses present (d) The hearing officer shall make written recommendations concerning what, if any, remedial measures are required If the violation is not corrected within seven (7) days of the date of the hearing, a citation requiring a court appearance shall be issued If the Animal Control Officer issuing the citation has no ppersonal knowledge of the violation, the complainant shall be informed that his appearance, along with any witnesses, shall be required at the court hearing on the citation SECTION 4-22 REPORTING ANIMAL BITE, ANIMAL UNDER QUARANTINE, RABIES SUSPECT (a) It shall be the duty of any person having knowledge of an animal bite or scratch to a human that the person could reasonably foresee as capable of transmitting rabies, or of an animal that the person suspects is rabid, to report the incident to the Animal Control Center as soon as possible, but not later than 24 hours from the time of the incident (b) Every veterinarian having an animal quarantined for a bite or scratch incident shall submit a written report to the Animal Control Center describing the condition of the animal on the initial day of observation, the fifth day, and the tenth day of observation (c) Every veterinarian shall report immediately to the Animal Control Center his diagnosis of any animal observed as a rabies suspect SECTION 4-22 1 ANIMAL QUARANTINE (a) The Animal Control Officer shall have the authority to order the quarantining of animals responsible for bite or scratch incidents, or having any zoonotic disease considered to be a hazard to the human population or other animals (b) The owner of an animal that is quarantined under this Chapter shall pay to the City the reasonable costs of the quarantine and disposition of the animal, and the city may bring suit to collect these costs SECTION 4-22 2 RABIES QUARANTINE, CONFINEMENT, DISPOSITION (a) When an animal which has bitten or scratched a human has been identified, or has rabies or is under suspicion of having rabies, the owner at his sole expense must immediately place the animal in quarantine at such animal control facilities specified for this purpose by the Animal Control Officer The owner shall surrender possession of such animal to the Animal Control Officer on demand for supervised quarantine which shall be for not less than ten (10) days immediately following the time of the bite or scratch incident (b) The owner of the dog or cat under subsection (a) herein may request permission from the Animal Control Officer for home quarantine if the following criteria are met 1 Secure facilities are available at the home of the animal's owner, and are approved by the Animal Control Officer, and 2 The owner has an unexpired rabies certificate for the animal, and 3 The animal was not in violation of this chapter at the time of the bite or scratch incident PAGE 9 The violation of home quarantine by any person shall be just cause for seizure and impoundment of the quarantined animal by the Animal Control Officer (c) A licensed veterinarian or the Animal Control Officer will supervise the quarantine for a minimum ten (10) day observation period during which the quarantined animal's health status shall be monitored and filed with the Animal Control Center If no sign of rabies has a report thereof been observed at the end of the quarantine period, a release from quarantine shall be issued to the owner in writing and a copy filed with the Animal Control Center if 1 The owner has an unexpired rabies vaccination certificate for the animal, or 2 The animal is vaccinated against rabies by a licensed veterinarian at the owner's expense (d) Unauthorized prohibited animals shall not be placed in quarantine All such animals involved in biting or scratch incidents will be humanely destroyed in such a manner that the brain is not mutilated The head shall be sent to the nearest laboratory certified to perform the fluorescent antibody test for rabies (e) Without permission of the Animal Control Officer, it shall be unlawful for any person to kill or remove from the city limits any animal that has bitten a person or other animal, or that has been placed under quarantine, except when it is necessary to kill such animal to protect the life of any person or other animal (f) The Animal Control Center shall direct the disposition of any animal suspected of being rabid (g) The carcass of any dead animal exposed to rabies or suspected of having been rabid shall, upon demand, be surrendered to the Center (h) Every animal that has been bitten by another animal shall be immediately confined by the owner who shall promptly notify the Center of the place where such animal is confined and the reason therefor The owner shall not permit such animal to come in contact with any person or animal during this time Any animal exposed to rabies shall be handled in one of the following manners 1 Humane destruction with notification to, or under supervision of the Center, or 2 If not currently vaccinated, quarantine in a veterinary hopsital for at least six (6) months immediately following the date of the exposure, or 3 If currently vaccinated, immediate revaccination and quarantine for at least thirty (30) days immediately following the date of the exposure (1) A person commits an offense if the person knowingly fails or refuses to surrender an animal for supervised quarantining or humane destruction as required herein for rabies control when demand therefore is made by an Animal Control Officer (j) Any person having possession of or responsibility for any quarantined animal shall immediately notify the Center if PAGE 10 such animal escapes, or becomes or appears to become sick, or dies, and in case of death of the animal while under quarantine shall immediately surrender the dead body to the Center for diagnostic purposes SECTIONS 4-23 - 4-30 RESERVED SECTION 4-31 VACCINATION OF DOGS & CATS (a) The owner of any dog or cat shall have such dog or cat vaccinated against rabies by the time it is four (4) months of age and within each subsequent 12-month interval thereafter After immunization, a licensed veterinarian shall issue to the owner of the animal a vaccination certificate in a form approved by the Texas Department of Health and a metal tag to be worn by the dog or cat on a collar or harness for one year (b) It shall be unlawful for any person to knowingly use a certificate of vaccination or tag for any dog or cat other than the one for which it was issued (c) A person commits an offense if the person knowingly is in possession of a dog or cat that has not been vaccinated against rabies by a licensed veterinarian It is a defense to prosecution under this section that the dog or cat was younger than four (4) months of age SECTION 4-32 ADOPTION OF DOGS & CATS The Animal Control Center shall be authorized to place for adoption dogs or cats impounded by the City under the following conditions (a) The Animal Control Officer shall be the sole 3udge as to whether a dog or cat is healthy enough for adoption However, such decision by the Animal Control Officer to permit adoption of a particular dog or cat shall not constitute a warranty, expressed or implied, of the health or age of the animal (b) Dog or Cat Six (6) Months of Age or Older 1 The adoption fee for adoption of a dog or cat six (6) months of age or older shall be Ten Dollars ($10 00) 2 In addition to the adoption fee, if said dog or cat has not been immunized against the common canine or feline diseases and permanently sterilized, the adopting person shall present to the Animal Control Center a receipt showing that a licensed veterinarian has been paid a Fifty Dollar ($50 00) deposit or the full fee, whichever is less, to have the dog to be adopted immunized against the common canine diseases of rabies, distemper, infectious canine hepatitis, leptospirosis, parainfluenza and parovious and neutered or spayed, or the cat to be adopted immunized aginst the common feline diseases of rabies, panleukopenia (distemper), viral rhinotracheitis and calicivirus and neutered or spayed 3 Failure to obtain the required immunization and sterilization of the dog or cat which is adopted within three (3) days of the adoption date shall authorize the reimpoundment of the animal PAGE 11 (c) Dog or Cat Under Six (6) Months of Age 1 The adoption fee for adoption of a dog or cat under six (6) months of age shall be Ten Dollars ($10 00) 2 In addition to the adoption fee, if said dog or cat has not been immunized against the common canine or feline diseases and permanently sterilized, the vaccinations and sterilization shall not be required until the animal becomes of age to receive such treatment as determined by a licensed veterinarian The dog or cat to be adopted must be presented to a licensed veterinarian within three (3) days of the adoption date for such determination Further, the adopting person shall present to the Animal Control Center a receipt showing (a) that a licensed veterinarian has been paid a Fifty Dollar ($50 00) deposit or the full fee, whichever is less, to have the dog to be adopted immunized against the common canine diseases of rabies, distemper, infectious canine hepatitis, leptospirosis, parainfluenza and parovious and neutered or spayed, or the cat to be adopted immunized aginst the common feline diseases of rabies, panleukopenia (distemper), viral rhinotracheitis and calicivirus and neutered or spayed, and, (b) the approximate dates when said vaccinations and sterilization shall be performed by the licensed veterinarian 3 Failure to obtain the required vaccinations within four (4) months of the date of adoption, or sterilization of the dog or cat which is adopted within six (6) months of the date of adoption shall authorize the reimpoundment of the animal (d) A person commits an offense if the person knowingly fails or refuses to surrender a dog or cat that has been adopted from the Animal Control Center for a violation of Section 4-32(b) or (c) when demand therefore is made by the Animal Control Officer (e) Any person having possession of or responsibility for an adopted dog or cat from the Animal Control Center shall immediately notify the Center if such animal escapes, or becomes or appears to become sick, or dies before the animal has been vaccinated against rabies and distemper and spayed, neutered or otherwise permanently sterilized, and in case of death of the animal, shall immediately surrender the dead body to the Center for diagnostic purposes (f) The City Manager is authorized to adopt written administrative policies, regulations and procedures as deemed necessary to further the intent and conditions listed herein for the adoption of dogs and cats from the Animal Control Center, said policies, regulations and procedures not to conflict with state law or other provisions of this Chapter SECTION 4-33 RELEASE OF IMPOUNDED DOGS AND CATS, FEES To redeem an impounded dog or cat, the owner of the dog or cat shall (a) Pay the Animal Control Center all applicable fees and costs as enumerated in Article III of this Chapter, and PAGE 12 (b) pay the Animal Control Center, unless the owner has an unexpired rabies vaccination certificate for the dog or cat, a rabies vaccination fee for the immunization of the animal by a licensed veterinarian SECTIONS 4-34 - 4-40 RESERVED ARTICLE II VICIOUS DOGS SECTION 4-41 VICIOUS DOG - PROCEDURE AND HEARING (a) The Animal Control Center may receive a report concerning a dog which, while straying, has bitten or attacked a human being A complainant may file with the Center a written sworn affidavit which contains the following information 1 Name, address, and telephone number of complainant and any other witnesses to the incident, 2 Date, time, and location of the incident, 3 Description of the dog, 4 Name, address, and telephone number of the dog's owner, if known, or the premises where the dog is located, 5 A statement that the dog, while straying, bit or attacked a human being, 6 A statement that the dog has exhibited vicious propensities in past conduct, and 7 Other facts or circumstances relating to the incident (b) After a sworn affidavit is filed with the Animal Control Officer, he shall request the City Manager to set a time and place for a hearing The City Manager shall give notice of the hearing to the dog's owner by personal service or certified mail, return receipt requested, at least ten (10) days prior to the hearing date The notice must include a copy of the sworn affidavit and a copy of this article After the owner of the dog receives notice the Animal Control Officer shall impound the dog specified in the affidavit (c) The City Manager shall determine at the hearing if the dog specified in the affidavit should be removed from the city for the protection of the public health, safety and welfare of the community The City Manager shall receive testimony at the hearing concerning the incident under investigation To order removal of the dog for the public health, safety and welfare, the City Manager must find all the following facts to be true 1 The dog, while straying, bit or attacked a human being, 2 The dog has exhibited vicious propensities in past conduct, 3 The impounded dog is the same dog which committed the acts in (1) and (2) of this subsection, 4 Removal of the dog from the city is necessary to preserve the public health, safety, and welfare of the community PAGE 11 (d) If the City Manager orders removal of the dog from the city and the owner is not present at the hearing, he shall notify the owner of the decision by personal service or certified mail, return receipt requested If the City Manager does not order removal of the dog, the Animal Control Center shall return the dog to the owner upon payment of all daily handling fees as enumerated in Article III of the Chapter SECTION 4-42 FAILURE TO RELEASE OR REMOVE DOG (a) A person commits an offense if the person knowingly possesses and fails to release to the Animal Control Officer a dog that has been charged by sworn affidavit as provided in Section 4-41 of this chapter (b) A person commits an offense if the person knowingly possesses and fails to remove a dog determined to be vicious under Section 4-41 of this Chapter from the corporate limits of the city SECTIONS 4-43 - 4 50 RESERVED ARTICLE III IMPOUNDMENT SECTION 4-51 IMPOUNDMENT FEES (a) To redeem an impounded animal, the owner of the animal shall pay the Animal Control Center the following fees First Second Third Fourth Impoundment Impoundment Impoundment Impoundment 1 CLASS A Animals $15 00 Dogs and cats, fowl, each animal 2 CLASS B Animals Goats, Sheep, lambs, pigs, sows, shoats, calves, foals and animals of the same approximate size and weight, each animal 3 CLASS C Animals Cattle, mules, horses, ponies and animals of the same approximate size and weight, each animal 4 CLASS D Animals Prohibited, exotic, or wild animals requiring capture by Center personnel (if animal already contained, then same as CLASS B), each animal $20 00 $25 00 $25 00 $22 50 $30 00 $37 50 $37 50 $33 75 $45 00 $56 25 $56 25 $50 00 $67 50 $84 50 $84 50 (b) For purposes of redemption, the number of impoundments for each animal shall be determined as within a continuous twelve (12) month period beginning from the date of the first impoundment (c) A Five Dollar ($5 00) reduction in fees will be made for each Class A dog and cat PAGE 14 (1) When the animal has not been previously impounded by the Animal Control Center, and (2) When the owner has an unexpired rabies vaccination certificate for the animal, and (3) When the owner can prove that the animal has been neutered spayed, or otherwise permanently sterilized (d) A daily handling fee shall be charged for every day or portion thereof that an animal is kept at the Center Said fee shall be based upon the class of animal enumerated above in subsection (a) CLASS A $2 00 CLASS B $2 00 CLASS C $3 00 CLASS D $3 00 (e) No animal impounded by virtue of this Chapter shall be released to the owner, or the owner's authorized agent, until all such costs and fees have been paid and until the person applying for the release of such animal shall have signed an affidavit to the effect that he is the owner of said animal, or the owner's authorized agent, and entitled to possession thereof SECTION 4-52 IMPOUNDMENT RECORDS The Animal Control Center shall keep records which contain the following information on impounded animals (1) Description, (2) Condition of Health, (3) Date and Time of Impoundment, (4) Location of Impoundment, (5) Reason for Impoundment, (6) Name and Address of Owner, if known, (7) Date and Time of Release or Destruction SECTION 4-53 REDEMPTION PERIOD FOR ANIMALS (a) The redemption period for an impounded animal shall be based upon the class of animal as enumerated in Section 4-51(a) 1 Within ninety-six (96) hours of impoundment for CLASS A Animals, 2 Within ninety-six (96) hours of impoundment for CLASS B, C and D Animals (b) Any animal not redeemed within the time periods specified in subsection (a) above may be humanely destroyed at the direction of the Animal Control Officer SECTIONS 4-54 - 4 60 RESERVED SECTION II Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the requirements thereof, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine not exceeding PAGE 15 Two Hundred Dollars ($200 00) Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any such violations such person shall be punished within the limits above SECTION III That the repeal of any ordinance or any portion thereof by the preceding sections shall not affect or impair any act done or right vested or accrued or any proceeding, suit or prosecution had or commenced in any cause before such repeal shall take effect, but every such act done, or right vested or accrued, or proceedings, suit or prosecution had or commenced shall remain in full force and effect to all intents or purposes as if such ordinance or part thereof so repealed had remained in force SECTION IV That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity SECTION V That this ordinance shall become from the date of its passage, and the directed to cause the caption of this twice in the Denton Record -Chronicle, the City of Denton, Texas, within ten its passage the 3 day of I ARD O ST A , MAYOR CIT OF DENTON, TEXAS PASSED AND APPROVED this 1981 ATTE JBROIDKS HOLT, CITY -SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C J TAYLOR, JR , CITY ATTORNEY CITY OF DENTON, TEXAS BY effective sixty (60) days City Secretary is hereby ordinance to be published the official newspaper of (10 ) days of the date of PAGE 16