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ORDINANCE NO. 24-730
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, BY REPLACING CHAPTER 6 OF
THE CODE OF ORDINANCES IN ITS ENTIRETY; AMENDING SECTION 1-12 TITLED
“GENERAL PENALTY” OF THE CODE OF ORDINANCES BY INCREASING THE
MAXIMUM FINE TO $500 FOR VIOLATIONS OF CHAPTER 6 OF THE CODE OF
ORDINANCES; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE;
PROVIDING FOR PUBLICATION; PROVIDING CODIFICATION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council recognizes that the establishment of rules and regulations
for the care and control of animals within the City of Denton is in the interest of public welfare;
and
WHEREAS, the City of Denton (“City”), finds it in the best interest of the citizens of the
City of Denton to review, update and amend, from time to time as needed- Chapter 6 titled
“Animals” and its related penalty provision found in Section 1-12 of the Code of Ordinances of
the City of Denton to ensure community health and safety; and
WHEREAS, the amended chapter replacing Chapter 6 of the Code of Ordinances aligns
with industry standards and best practices and with the laws of the State of Texas. NOW,
THEREFORE;
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Chapter 6 titled “Animals” of the Code of Ordinances of the City of Denton
is hereby replaced and shall read as follows:
CHAPTER 6 ANIMAI,Sl
IEditor’s note(sH)rd. No. 2000-460, § I, adopted Dec. 19, 2000, repealed ch. 6, arts. I–IV, §§ 6-1––6-38, 6-51–
6-60, 6-76–+-78, 6-86––6-89, in its entirety and enacted new provisions as herein set out. Former ch. 6
pertained to similar subject matter and derived from the 1966 Code, §§ 4-1–47.1, 4.8–419.2, 4-20–4-
22.2, 4-23, 4-31–-434, 4-41–453, 12-17(e), 12-31–12-33; Ord. No. 85-73, § I, adopted April 2, 1985; Ord.
No. 89-115, §§ 1(4-5, 4-6), II, adopted Sept. 5, 1989; Ord. No. 90-188, § I1(12-36–12-40), adopted Nov. 20,
1990; Ord. No. 91-174, g I1(20-81), adopted Nov. 5, 1991; Ord. No. 93-012, §§ I–III, adopted Jan. 19, 1993;
Ord. No. 94-069, §§ l–III, adopted April 19, 1994; Ord. No. 94-146, §§ l–III, adopted Oct. 2, 1990; Ord.
No. 96-166, g I, adopted July, 16, 1996; Ord. No. 99-216, § I, adopted June 15, 1999; and Ord. No. 99-290, §
1, adopted Sept. 7, 1999.
Cross reference(sFHealth and human services generally, Ch. 14; parks and recreation generally, Ch. 22; animals in
parks, § 22-30.
State law reference(sLAnimals, Texas. Texas Health and Safety Code § 821.00 1 et seq.; rabies control, Texas.
Texas Health and Safety Code § 826.001 et seq.
ARTICLE I. IN GENERAL
Sec. 6-1. Short title.
This chapter may be cited as the Denton Animal Services Ordinance.
(Ord. No. 2000-460, § 1, 12-19-00)
Sec. 6-2. Definitions.
The following words, terms, and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning.
Abandon means to leave without human supervision, unattended, and without adequate
provisions, for an unspecified amount of time.
Animal means all living creatures, excluding human beings, and where applicable includes
birds, fish, mammals, and reptiles.
Animal Services CWcer means the person employed by the city to represent and act for the
city in the impoundment of animals, controlling of stray animals, enforcement of this chapter and
applicable state regulations, and as otherwise authorized herein.
,4ni/ma/ Services Center or Animal Shelter means a city-operated or designated facility for the
impounding and caring of animals held under the authority of this chapter.
Animal waste means feces, urine, litter, bedding, spoiled food, or other animal matter that
causes foul odors, attracts vermin or encourages their reproduction.
Appropriate shelter means a structure that is capable of adequately providing cover and
protection from heat, cold, and other environmental conditions. At minimum, an appropriate
shelter must have three (3) sides, a top, and a bottom and must be adequately ventilated. It must
have bedding material. It must be large enough so the animal can enter, stand, turn around, and
lie down, but small enough to prevent the loss of body heat during cold weather.
At large or running ar large means an animal that is not legally restrained.
The term “at large” does not apply to an animal that is lawfully in any off-leash site or dog
park authorized by the City of Denton or the City of Denton Code of Ordinances, so long as the
person with care, custody, or control of the animal is in compliance with all other requirements of
the Denton Code of Ordinances. This definition does not apply to an indigenous wild or feral
animal.
Bodily injury means physical pain, illness, or any impairment of physical condition.
Building means any structure or enclosure intended for use or occupation as a habitation or
for some purpose of trade, manufacture, ornament, or use.
Cat means a domesticated member of the feline species, both male and female other than a
lion, tiger, bobcat, jaguar, panther, leopard, cougar or other prohibited feline, or any hybrid thereof
Circus or carnival means a commercial variety show featuring animal acts for public
entertalnrnent.
City means the City of Denton, Texas.
Dangerous dog means a dog that:
(a) makes an unprovoked attack on a person or legally restrained domestic animal or livestock
that causes bodily injury and occurs in a place other than an enclosure in which the dog
was being kept and that was reasonably certain to prevent the dog from leaving the
enclosure on its own.
(b) Commits unprovoked acts in a place other than an enclosure in which the dog was being
kept and that was reasonably certain to prevent the dog from leaving the enclosure on its
own, and those acts cause a person to reasonably believe that the dog will attack and cause
bodily injury to that person.
For the purposes of the definition of a dangerous dog, an attack by a dog that is in response
to being tormented, abused, or assaulted by any person or is in response to the dog’s owner
being assaulted, shall not be considered an unprovoked attack.
Dog means a domestic member of the canine species, both male and female other than a wolf,
jackal, fox, dingo, coyote, or other prohibited canine, or any hybrid thereof.
Domestic animal means all species of animals commonly and universally accepted as being
domesticated.
Enclosure means a fenced area or structure that physically blocks the escape of an animal
contained therein. Additionally, in non-rural zoning districts, an enclosure must serve as a physical
barrier to the entry of adults, children, and dogs.
Estray means any stray livestock.
Feral cat means a cat that is not socialized or has reverted back to a wild state
Ferrer means a domesticated animal of the Mustela putorious family, both male and female.
Fowl means any species of feathered animals which are normally suited for, or kept or used
on, a farm, a ranch, or similar setting for agricultural purposes such as food or food production,
animal husbandry, and production of clothing material, commerce, or other similar purpose,
regardless of age, breed, or sex, unless stated herein, or determined by the Animal Services Officer.
The following and similar species shall be considered to be fowl regardless of age, breed, or sex,
unless otherwise stated herein or determined by the Animal Services Officer: chickens, ducks,
game hens, geese, guineas, peafowl, pheasant, quail, swans, and turkey.
Habitation means a structure that is adapted for the overnight accommodation of persons.
Harbor means the act of keeping and or caring for an animal or of providing premises to
which the animal returns for food, shelter, or care, for a period of at least three (3) days, or
protection from impoundment.
Hybrid means the offspring of two (2) animals of different species.
Humane trap means any trap designed to capture an animal without injury.
Legally restrained means kept within a secure enclosure or fenced area of sufficient height,
strength, and/or manner of construction to preclude the animal from leaving the premises or
restrained by a leash of sufficient strength and length not to exceed six (6) feet to control the actions
of an animal.
Livestock means any species of animals which are normally suited for, or are kept or used on,
a farm, ranch or similar setting for agricultural purposes such as animal husbandry, food or food
production, production of fiber or clothing material, riding, driving, pulling, hauling, commerce,
or similar purpose. For purposes of this chapter, the following or similar species of animals shall
be considered to be livestock, regardless of age, breed, or sex, unless otherwise stated herein or
determined by the Animal Services Officer: bovine, equine, goats, sheep, swine.
Owner/caretaker means any person owning, keeping, or having custody or control of, or who
has primary responsibility for the care of, or right of property in, an animal.
Police canIne means any dog trained or being trained for law enforcement purposes, which
is under the care, custody, and control of a law enforcement officer.
PossessIon means actual care, custody, control, or management of an animal regardless of
duration of time
Premises means any parcel of land that is owned, leased, or otherwise controlled by a person.
Prohibited animal means any species of animals whose sale, display, or possession within the city
limits is unlawful. The following or similar species of animals, including their hybrids, shall be
considered prohibited:
(1) Class Reptilia. Family Helodermatidae (the venomous lizards); family Viperidae
(rattlesnakes, pit vipers and true vipers); family Elapidae (coral snakes, cobras and
mambas); family Colubridae–Dispholidus typus (boomslang), Cyclagras gigas (water
cobra) and Bioga dendrophila (mangrove snake) only; order Pythonidae (racers, boas,
water snakes and pythons) except ball pythons; order Crocodilia (crocodiles, alligators,
caimans and gavials);
(2) Class /Ives. Subdivision Ratitae (such as ostriches, rheas, cassowaries, and emus);
(3) Class Mammalia. Order Chiroptera, including bats; Order Carnivora, family Felidae
(such as ocelots, margays, tigers, jaguars, leopards and cougars), except commonly
accepted domesticated cats; family Canidae (such as wolves, dingos, foxes, coyotes and
jackals), except domesticated dogs; family mustelidae (such as weasels, martens, minks,
badgers), except domesticated ferrets; family Procyonidae (raccoons); family Ursidae
(such as bears); 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, sugar glider, hedgehog, ball python or reptile families Leptotyphlopidae and
Colubridae.
Protective custody impound means the impoundment of an animal as the result of a fire,
medical emergency, hospitalization, custody arrest, or other natural or manmade situation that
leaves the owner, caretaker, or person otherwise in possession of animal incapable of maintaining
control of or caring for, the animal.
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
Quarantine means the strict isolation of a biting animal or an animal that has potentially
exposed a person to rabies in a closed cage or pen in a manner that prevents physical contact
between the animal and all other animals and humans for a full two hundred and forty (240) hours
from the time of bite or exposure.
Serious bodily injury means an injury characterized by severe or multiple bite wounds or
severe ripping and tearing of muscle that would cause a reasonably prudent person to seek
treatment from a medical professional or that would require hospitalization without regard to
whether the person actually sought medical treatment.
Sterilization means the surgical removal of the reproductive organs of an animal to render it
unable to reproduce.
Stray animal means any animal for which there is no identifiable owner or caretaker which is
found to be at large within the corporate limits of the city.
Tethered means an animal attached to a stationary object by a chain, cable or similar device
commonly used for the size and type of animal involved. An animal is not considered tethered
when the animal is attached to a stationary object, as long as the owner or custodian is physically
within reach of the animal.
Vaccinated means an animal properly injected by a licensed veterinarian with a rabies vaccine
licensed for use in that species of animal by the United States Department of Agriculture (USDA).
Vermin means flies, ticks, fleas, lice, rats, mosquitoes or other small animal or insect which
may be annoying, destructive, or injurious to health.
(Ord. No. 2000-460, § 1, 12-19-00; Ord. No. 2003-309, § 2, 9-16-03; Ord. No. 2006-330, § 1, 12-
12-06; Ord. No. 2008-059, § 1, 3-4-08; Ord, No. 2016-217 , § 1, 8-2-16; Ord. No. 21-2634 , § I,
12-14-21 )
Cross reference(sbDefinitions and rules of construction generally, § 1-2.
Sec. 6-3. Exemption of city officials from liability.
All the regulations provided in this chapter and the functions and duties of all officers, agents,
servants or employees of the city in the enforcement of this chapter are declared to be governmental
and for the benefit, health and welfare of the general public. Any city official or employee charged
with the enforcement of this article, acting for the city in the discharge of their duties, shall not
thereby render themselves personally liable by the performance of any act required or permitted
in the discharge of their duties.
Sec. 6-4. Enforcement.
(a) The city authorizes Animal Services Officers to enforce the provisions of this article and to
act as the local rabies control authority and animal services authority in enforcing the
provisions of applicable sections of the Texas Health and Safety Code.
(b) The authority of an Animal Services Officer includes, but is not limited to:
(1) The authority to issue citations and swear out summonses for any violation of this article
and any other power or duty stated within the terms of this article;
(2) The humane euthanasia of an animal which is diseased or has been seriously injured to
the degree that euthanasia is the most humane course of action or when an animal poses
an imminent danger to a person or property;
(3) The impoundment of an animal under provisions of this article or when the animal is
diseased and endangers the health of a person or another animal; and
(4) The pursuit of animals running at large onto private property, excluding entrance into a
habitation without the effective consent of the owner, while enforcing the provisions of
this article and to enter onto private property and commercial animal establishments to
enforce regulations covered in this article.
(c) it shall be unlawful for any person to intentionally and knowingly interfere with an Animal
Services Officer in the performance of their duties.
(d) it shall be unlawful for any person to fail to comply with any lawful order of an Animal
Services Officer of the city.
(e) it shall be unlawful for any person, upon being issued a citation, to give an Animal Services
Officer a false name or a false address.
(f) it shall be unlawful for any person to remove, altar, damage or otherwise tamper with a trap
or other equipment that is placed on any property by an Animal Services officer for the
purpose of exercising the authority, or performing any duty, prescribed by this article.
(g) it shall be unlawful for any person to intentionally and knowingly misrepresent, to Animal
Services Staff, any and all information on any animal(s) being brought into the shelter or to
intentionally and knowingly misrepresent any and all information to any Animal Services
Officer.
(Ord. No. 2000-460, § 1, 12-19-00)
Sec. 6-5. Animal Services Center or Animal Shelter.
The city council shall select and establish facilities in the city for impoundment, placement,
adoption, maintenance and humane euthanasia of stray, at large, diseased, and dangerous animals.
(Ord. No. 2000-460, § 1, 12-19-00)
Sec. 6-6. Animal shelter advisory committee–Creation.
(a) There is hereby established and created the animal shelter advisory committee to be composed
of seven (7) members who shall meet the following qualifications:
(1) One (1) licensed veterinarian who has a principal place of business or a residence in the
City of Denton;
(2) One (1) city official;
(3) One (1) person who is employed by the City of Denton Animal Shelter;
(4) One (1) representative of an animal welfare organization; and
(5) Three (3) people who meet the minimum qualifications to serve on a board or
commission of the city.
(b) Each member shall serve a term of office of two (2) years from the date of their appointment,
and terms shall be staggered. The veterinarian and City of Denton Animal Shelter employee
appointed to the animal shelter advisory committee are not required to be qualified voters in the
City of Denton, Texas. This section shall supersede section 2-61 as it relates to the appointment of
the licensed veterinarian and the City of Denton Animal Shelter employee. (Ord. No. 2000-460, §
1, 12-19-00; Ord. No. 2006-330, § 2, 12-12-06; Ord. No. 22-055 , § 1, 1-25-22)
Charter reference(sbBoards and commissions, § 14.16.
Cross reference(sFBoards, commissions and committees, §2-61 et seq.
Sec. 6-7. Same–Purpose; meetings.
(a) it shall be the purpose of the animal shelter advisory committee to assist the city in complying
with the requirements of the animal shelter act, Texas. Health and Safety Code § 823.005,
and to make recommendations to the city council regarding methods and procedures
necessary to ensure compliance with the Act.
(b) The committee shall meet no less than three (3) times per year.
(Ord. No. 2000-460, § 1, 12-19-00)
Sec. 6-8. Restraining animals and tethering animals.
(a) it shall be unlawful to stake or restrain any domestic animal outside on a leash, tether, chain
or similar apparatus unless a person who is in control, custody, or caring for the animal
remains with the animal throughout the period of restraint. This prohibition shall apply to
public and private property.
(b) it shall be unlawful for any person who is in control, custody, or caring for any animal to
permit the animal to run at large in the city or to trespass upon the premises of any other
person.
(c) it shall be unlawful for any person who is in control, custody, or caring for any animal to
leave the animal unattended in a public place.
(d) it shall be unlawful for any person who is in control, custody, or caring for any animal to
leave the animal restrained by a leash, attended or unattended, in any manner that allows the
animal to enter the private property of another without the effective consent of the owner.
(e) Subsections (a) through (d) do not apply to police canines.
(f) it shall be unlawful to attach a collar or harness to a domestic animal that chokes, pint;hes or
harms the animal.
(g) it shall be unlawful for any animal to be attached to a chain or tether that weighs ten percent
or more of the animal's body weight.
(h) it shall be unlawful to tether any animal in the open bed of a pickup style vehicle that is open
to the elements, unless the vehicle is a livestock trailer designed for the purpose of
transporting livestock.
(Ord. No. 2000-460, § 1, 12-19-00; Ord. No. 2006-330, § 3, 12-12-06; Ord. No. 2020-2235 , § I,
11-10-20; Ord. No. 2021-010 , § 2(Exh. A), 1-5-21)
Sec. 6-9. Animal nuisances.
It shall be considered a public nuisance and unlawful for any person to:
(1) Harbor, keep, or control any animal on their premises which by frequent, long, or
continued barking, howling, or crowing creates noise to the degree that the noise
interferes with the reasonable right to the use and enjoyment of adjacent property by its
occupants.
a. If a person resides on a property within close proximity of an animal creating a
noise nuisance, they may file a complaint with the Animal Services Department.
If the noise nuisance persists, that person may fill out a witness complaint packet
and provide any audio/visual evidence to an Animal Services Officer to initiate an
rnvestlgatlon.
(2) Keep any animal in such a manner as to endanger the public health in the following
ways :
a. By the accumulation of organic animal wastes which cause foul and offensive
odors;
b. By being a hazard to any other animal or human being; or
c. By keeping animal pens, stables or enclosures in an unsanitary condition.
(3) Keep bees in such a manner as to deny the reasonable use of adjacent property or
endanger personal health and welfare.
(4) Be the owner of a dog or cat that has been at large on three or more occasions in which
the animal was impounded or if the animal was not impounded, the owner was issued a
citation for Animal at Large.
a. An owner of a dog or cat that has been at large on three or more occasions as evidenced
by impoundments or Animal at Large citations will be notified by Animal Services in
writing of a hearing date and time in the Denton Municipal Court for the determination
of Animal Nuisance under this section for an animal repeatedly found at large. The
determination hearing shall be scheduled within ten (10) days of the notification letter.
The owner may waive their right to a hearing if they permanently remove the animal
from the corporate city limits of Denton or surrender the animal to Animal Services
on or before the hearing date and time. If the animal is permanently removed from
the City of Denton the owner shall provide verification in writing regarding the
removal.
b. If an animal is declared a nuisance under Sec. 6-9 (4), the dog or cat must be
permanently removed from the corporate city limits of Denton within thirty (30) days
of the determination of the Denton Municipal Court’s order. Every day the animal
remains past thirty (30) days after the Denton Municipal Court’s order constitutes a
new violation.
(Ord. No. 2000-460, § 1, 12-19-00)
Cross reference(sFNoise generally, § 20- 1.
Sec. 6-10. Defecation of dogs on public and private property.
(a) An owner, caretaker, or other person in possession of a dog commits an offense if he
knowingly permits, or by insufficient control allows, the dog to defecate in the city on private
or public property and fails to remove and dispose of any excreta the dog deposits.
(b) it is a defense to prosecution under subsection (a) that:
(1) The property was owned, leased, or controlled by the owner, caretaker, or person in
possession of the dog;
(2) The dog is specially trained, in accordance with state and federal laws, to assist a person
with a disability that is physically unable to remove the excreta and was in the possession
of that disabled person at the time it defecated or was otherwise present on the property;
(3) The owner or person in control of the property had given prior consent for the dog to
defecate on the property; or
(4) The dog is a police canine being used in official law enforcement activities.
(Ord. No. 2000-460, § 1, 12-19-00)
Sec. 6-11. Confinement of stray animals by individual.
If a stray animal is found upon the premises of another or running at large, the occupant of
the premises, or person discovering the animal running at large, may confine the animal only for
so long as reasonably necessary to notify the Animal Services Center and have the animal
impounded, or deliver said animal to the Animal Services Center. In attempting to confine the
animal, the person shall not use any force that is intended or known by the person to cause or be
capable of causing in the manner of its use or intended use death or injury to the animal.
(Ord. No. 2000-460, § 1, 12-19-00)
Sec. 6-12. Animal care generally.
Animals shall be cared for, treated and transported in a humane manner and not in violation
of Texas Penal Code § 42.11, and the Texas Health and Safety Code, Tit. 10, or any other provision
of law, including federal, state and local laws, ordinances and rules.
(1) 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 the
full costs and expenses incurred by the city in the care of the abandoned animal and the
person shall reimburse the city all costs as determined by the Animal Services Officer.
(2) 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 might cause suffering, injury,
disability, or death. An Animal Services Officer who reasonably believes that an animal
is in a motor vehicle or trailer under such circumstances is authorized to enter the vehicle
to remove the animal and transport the animal to the Animal Services Center.
(3) it shall be unlawful for any person to keep or harbor any animal which is inflicted with
any dangerous or communicable disease, or which is in a painfully crippled or diseased
condition, that to keep said animal alive would be considered inhumane. All such
animals shall be humanely euthanized by a licensed veterinarian or turned over to the
Animal Services Center to be humanely euthanized
(4) 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 above-mentioned animals
which have been so colored.
(5) 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 (8)
weeks of age as a toy, premium, novelty or pet unless the manner or method of display
is first approved by the Animal Services Manager or their designee.
(6) it shall be unlawful for any person to produce or participate in the production of a circus,
carnival, or other performing animal exhibition 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.
(7) it shall be unlawful for any person, firm or corporation to raise or kill a cat, dog, ferret,
or rabbit for the skin or fur.
(8) it shall be unlawful for any person, firm or corporation to mutilate any live animal.
(9) it shall be unlawful for any person other than a licensed veterinarian to dock the tail or
crop the ears of any animal.
(10) A person commits an offense if he :
a. Beats, cruelly treats, torments, mentally abuses, overloads, overworks, or otherwise
abuses an animal;
Causes, instigates, or permits any dog fight, cock fight, bull fight, or other combat
between animals or between animals and humans;
Fails to provide an animal in their possession with adequate wholesome food and
water, appropriate shelter and protection from inclement weather, and veterinary
care needed to prevent suffering;
While transporting an animal in a vehicle, fails to restrain the animal in a manner
that prevents the animal from leaving the vehicle or being accidentally thrown from
the vehicle; or
Treats an animal in an inhumane or cruel manner as defined by the Texas Penal
Code § 42.09 or Texas Health and Safety Code, Ch. 821.
(Ord. No. 2000-460, § 1, 12-19-00)
b.
C.
d.
e.
Sec. 6-13. Vaccination of cats, dogs, and ferrets.
(a) Every owner of a dog, cat, or ferret, four months of age or older, shall have such animal
vaccinated against rabies, with a rabies vaccine approved by the Texas Board of Health. Only
a licensed veterinarian, or their designee under direct supervision, shall administer the
vaccine .
(b) Upon vaccination, the administering veterinarian shall execute and furnish to the owner of
the cat, dog, or ferret as evidence thereof, a certificate of vaccination that contains a serial
number and expiration date to correspond with the vaccine administered, as well as a tag
containing the issuing clinic’s name and phone number and a unique ID number. The owner
shall place the rabies tag on the animal’s collar or harness while the animal is outside the
owners residence.
(c) All such cats, dogs, or ferrets shall be revaccinated at intervals approved and accepted by the
State of Texas. The owner shall provide sufficient proof to the Animal Services Unit of the
City of Denton of valid rabies vaccination in compliance with all state laws.
(d) if an unvaccinated cat, dog, or ferret inflicts a bite, scratch, or otherwise potentially exposes
any person to rabies within the city limits, a rabies vaccine shall not be administered to the
cat, dog, or ferret until the conclusion of a two hundred and forty (240) hour quarantine period,
beginning with the date and time of the bite, scratch, or exposure.
(e) it shall be unlawful for a person to knowingly possess a dog, cat, or ferret that has not been
vaccinated against rabies as prescribed by this section.
(f) it shall be unlawful for a person to knowingly use a certificate of vaccination or tag of any
dog, cat, or ferret other than the one for which it was issued.
(g) it shall be unlawful for a person to alter or obliterate any information contained in a certificate
of vaccination or on a vaccination tag.
(h) it shall be unlawful for the owner of a dog, cat, or ferret to fail or refuse to present a valid
vaccination certificate from a licensed veterinarian to an Animal Services Officer, upon
request, that such animal is currently vaccinated against rabies as required by this section.
(Ord. No. 2000-460, § 1, 12-19-00; Ord. No. 2006-330, § 4, 12-12-06)
Sec. 6-14. Microchipping of cats and dogs, required.
(a) Every owner of a cat or dog, which is four (4) or more months of age and is kept in the city,
shall have their pet microchipped and registered with the corresponding microchip company.
(b) Every cat or dog impounded at the Animal Services Center, that is not microchipped upon
intake, will be implanted with a microchip before release.
(c) Animal Services Center will offer microchip implanting and registration of the implanted
microchip to the public at a fee set by city council and maintained on record in the city
secretary’s office.
(Ord. No. 2006-330, § 5, 12-12-06)
Sec. 6-15. Impounding of cats, dogs, and ferrets.
(a) An Animal Services Officer shall have the authority to impound any animal found running at
large. Animal Services Officers are authorized to enter property, other than a private
dwelling, for the purpose of pursuing an animal running at large.
(b) Any impounded animal which has been seriously injured or is seriously ill may be euthanized
immediately to prevent suffering, or given to a non-profit animal welfare organization for the
purpose of veterinary medical care, as determined by the Animal Services Manager or their
designee. The animal shelter shall not be responsible for providing veterinary care for any
sick or injured animal.
(c) Any unweaned animal impounded without the mother or where the mother cannot or refuses
to provide nutritious meals may be immediately euthanized to prevent suffering or given to
an individual to foster until able to be placed for adoption or given to a non-profit animal
welfare organization for the purpose of caring for said animal.
(d) The owner of any animal impounded under the terms of this article shall have the right to
redeem same, unless otherwise prohibited by this article.
(e) Animals impounded in accordance with this section shall be held at the Animal Services
Center for a minimum of seventy-two (72) hours. If the owner does not redeem the animal
before the holding period expires, the animal shall become the property of the Animal
Services Center and the Animal Services center shall disposition the animal through adoption,
transfer to an animal welfare organization, or euthanasia
(Ord. No. 2000-460, § 1, 12-19-00)
State law reference(sFRestraint and impoundment of dogs and cats, Vernon's Ann. Civ. St. art
4477-6a, § 3.08)
Sec. 6-16. Protective custody impounds.
(a) if an animal is impounded as the result of a fire, medical emergency, hospitalization, custody
arrest, or other natural or manmade situation that leaves the owner, caretaker or person
otherwise in possession of the animal temporarily incapable of maintaining control of, or
caring for, the animal, an Animal Services officer may impound the animal and house it at
the Animal Services center.
(b) The owner, caretaker or the person that was in possession of the animal will be notified of the
location of the animal, the conditions under which the animal may be released, and that the
animal will be held for a period of seventy-two (72) hours. If the owner, or their designee,
has not claimed the animal within seventy-two (72) hours, the animal becomes the property
of the city to be disposed of by the Animal Services Center through adoption, transfer to an
animal welfare organization, or euthanasia.
(c) Owners, or their designees, shall fulfill all the requirements for redemption as prescribed by
this article.
(Ord. No. 2000-460, § 1, 12-19-00; Ord. No. 2006-330, § 6, 12-12-06)
Sec. 6-17. Requirements to redeem a dog, cat, or ferret.
(a) To redeem a dog, cat, or ferret impounded under the provisions of this article, the owner, or
their designee, shall:
(1) Provide a current rabies vaccination certificate issued by a licensed veterinarian that
contains identifying information regarding the animal including, but not limited to,
breed, sex, and sterilization information;
(2) Present a valid picture identification card issued to them by a governmental agency;
(3) Pay impound and holding fees as established by the city council and maintained on file
in the office of the city secretary; and
(4) if not the owner, present sufficient authorization to take possession of the animal.
(b) if the owner, or their designee, cannot, or refuses to, provide proof that the animal is currently
vaccinated against rabies, the owner, or their designee, shall have the animal vaccinated for
rabies and provide proof of the vaccination to the Animal Services Department within seven
(7) days following the release of the animal.
(c) An owner, or their designee, who redeems an animal, six (6) months of age or older, for a
second or subsequent impound shall provide proof that the animal has been sterilized prior to
the release of the animal. If the owner cannot provide proof that the animal is sterilized, the
owner shall pay the Animal Services Center a fee for the sterilization of the animal, as
established by the city council and kept on file in the office of the City Secretary. The animal
will be sterilized prior to release to the owner. If circumstances prevent the sterilization of
the animal prior to release, the animal shall be sterilized at the owner’s expense by a veterinary
clinic within fourteen (14) days. The owner must provide proof of sterilization to the Animal
Services Center within fourteen (14) days from release of the animal.
(d) it shall be unlawful for a person redeeming an animal under this section to:
(1) Fail to provide proof of rabies vaccination within seven (7) days of the release of the
animal; or
(2) Fail to provide proof that the animal was sterilized within fourteen (14) days of the
release of the animal.
(Ord. No. 2000-460, § 1, 12-19-00; Ord. No. 2006-330, § 7, 12-12-06)
Sec. 6-18. Adoption of dogs, cats, and ferrets.
(a) Any impounded animal not redeemed by its owner within seventy-two (72) hours or any
animal released by its owner for adoption, becomes the property of the City of Denton Animal
Services Department and any previous claim of ownership will be divested. The animal may
then be dispositioned by adoption, humane euthanasia, or transfer to another animal welfare
agency, except where otherwise specified.
(b) Animal Services Staff shall be the sole judge as to whether or not an animal is suitable to
offer for adoption. A decision to offer a particular animal for adoption shall not constitute a
warranty, expressed or implied, of the health, temperament, or age of the animal.
(c) in order to adopt an animal, a person shall:
(1) Complete the necessary adoption paperwork and pay an adoption fee as established by
the city council and kept on file in the office of the city secretary.
(d) A person who adopts an animal from the Animal Services Center, that is determined to be
either of insufficient age or medical condition to receive vaccinations or be sterilized as
prescribed by law, shall follow the instructions provided by the Animal Services Center and
ensure that the adopted animal is subsequently vaccinated and sterilized by the Animal
Services Center when it is medically capable or provide proof that vaccinations and
sterilization have been completed by a licensed veterinarian at the adopter’s expense.
(e) if a person fails to meet the requirements of this section, the Animal Services Center is
authorized to impound the animal. It shall be unlawful for any person, who is in violation of
this section, to fail or refuse to surrender an animal adopted from the Animal Services Center,
(Ord. No. 2000-460, § 1, 12-19-00; Ord. No. 2005-342, § 1, 11-15-05)
Sec. 6-19. Transfer of animals to other releasing agencies.
The custody of animals eligible to be placed for adoption under this article may be transferred
without fee to animal shelters or animal welfare organizations so that these organizations may act
as releasing agencies and place the animals for adoption pursuant to Texas. Health and Safety
Code, Ch. 828. Before any animals will be transferred to other releasing agencies, these agencies
must meet any administrative requirements established by the Animal Services Center. All
responsibilities required of releasing agencies under [Texas Health and Safety Code,] Ch. 828 for
adoption, immunization and sterilization of impounded animals shall be solely the responsibility
of the receiving animal shelters or animal welfare organizations and the city shall retain none of
these responsibilities upon transfer. The transfer of the animals eligible for adoption to alternate
releasing agencies shall be made without any fee.
(Ord. No. 2000-460, § 1, 12-19-00)
Sec. 6-20. Injuring, capturing or killing animals.
(a) Except as may be otherwise provided in this article, 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.
(b) 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.
(c) This section does not apply to harmful rodents, reptiles or insects.
(Ord. No. 2000-460, § 1, 12-19-00)
Sec. 6-21. Disposal of dead animals.
(a) it shall be unlawful for any person to place or leave a deceased animal upon a public place,
street, alley, right-of-way, or public way or in any solid waste container or upon the property
of another person without the other person’s consent.
(b) A resident may bring a deceased pet to be disposed of by the Animal Services Center and
shall be assessed and pay a disposal fee for each animal as established by city council and on
file in the City Secretary’s office.
(c) it shall be unlawful for any person to place or leave an animal carcass at the city's Animal
Services Center, except at times when such center is open to the public and a city employee
is available to receive such carcass.
(Ord. No. 2000-460, § 1, 12-19-00)
Sec. 6-22. Humane euthanasia of animals.
(a) Owners who are residents of the city may bring an animal or animals to the Animal Services
Center for humane euthanasia and shall be assessed and pay for each animal the fee
established by city council and on file in the office of the city secretary.
(Ord. No. 2000-460, § 1, 12-19-00)
Sec. 6-23. Reporting animal bites, scratches, or suspected rabies.
(a) it is the duty of any person having knowledge of an animal that has bitten or otherwise
potentially exposed a person to rabies, to provide a detailed report of the incident to the
Animal Services Center as soon as possible, but not later than twenty-four (24) hours from
the time of the incident.
(b) it is the duty of any person having knowledge of a domestic animal that has been bitten or
otherwise potentially exposed to rabies by an animal known to be a high risk rabies carrier,
or suspected of having rabies, to provide a detailed report of the incident to the Animal
Services Center as soon as possible, but not later than twenty-four (24) hours from the time
of the incident
(c) Every veterinarian who clinically diagnoses rabies or any person who suspects rabies in a cat,
dog, ferret, or other domestic animal shall immediately report such fact to the Animal Services
Center, stating precisely where such animal may be found.
(d) Every veterinarian having an animal quarantined as the result of an incident involving a bite
or a potential exposure to rabies shall submit a written report to the Animal Services Center
describing the condition of the animal on the initial day of observation, the fifth day, and the
tenth day of observation.
(e) The carcass of any dead animal that has bitten or potentially exposed a human or pet to rabies
shall be surrendered to the Animal Services Center for diagnostic purposes.
(Ord. No. 2000-460, § 1, 12-19-00)
Sec. 6-24. Rabies quarantine, confinement and disposition.
(a) An Animal Services Officer shall have the authority to order the quarantining of any animal
responsible for a bite or potential exposure of rabies to a human or any animal suspected of
having, or having been exposed to, any zoonotic disease considered to be a hazard to the
human population or other animals.
(b)When an animal has bitten or potentially exposed a human to rabies, the owner must
immediately place the animal in quarantine at the Animal Services Center or at a licensed
veterinary clinic within the incorporated limits of the city for a period of not less than two
hundred and forty (240) hours from the time of the bite or potential exposure. If the owner
fails or refuses to surrender the animal for quarantine, an Animal Services Officer may obtain
a warrant from a magistrate to seize and impound the animal for a period of time not less than
two hundred and forty (240) hours from the date and time of the bite or potential exposure to
rabies
The owner of a dog, cat or ferret subject to quarantine under this section may request
permission for home quarantine. The Animal Services Officer may allow a home quarantine
provided that:
(1) The owner can provide valid proof that the animal subject to quarantine is currently
vaccinated against rabies;
(2) The animal subject to the quarantine was not in violation of any provision of this
ordinance at the time of the bite or potential exposure to rabies;
(3) The animal subject to the quarantine has no prior bites or potential exposures to rabies
on file with the Animal Services Center;
(4) The owner demonstrates sufficient accommodations to isolate the animal subject to
quarantine from humans and other animals in the residence;
(5) The owner can provide sufficient assurance that the animal will remain inside an
enclosed structure for the duration of the quarantine period and may be allowed outside
only when restrained on a leash not to exceed six (6) feet by the owner or other capable
adult in the household only for so long as reasonable for the animal to urinate and
defecate;
(6) The owner agrees not to remove the animal subject to quarantine from the incorporated
limits of the city during the prescribed quarantine period; and
(7) The Animal Services Officer physically inspects the premises prior to allowing the home
quarantine to ensure that these conditions can be met, and the owner agrees to periodic
inspections of the animal subject to quarantine including, but not limited to, the initial
day of quarantine, the fifth day and the tenth day of quarantine.
The violation of the conditions of home quarantine by any person shall be just cause for
seizure and impoundment of the quarantined animal by an Animal Services Officer. If the
owner refuses to allow the impoundment of the quarantined animal for the purpose of
quarantine, an Animal Services Officer may obtain a warrant from a magistrate to seize and
impound the animal for a period of time not less than two hundred and forty (240 hours from
the date and time of the bite or potential exposure to rabies.
Any animal that has been bitten by or exposed to an animal known to have rabies or suspected
of having rabies shall be immediately confined by the owner and the owner shall notify the
Animal Services Center. The Animal Services Center shall:
(C)
(d)
(e)
(1) if the animal is currently vaccinated for rabies, order the owner to obtain immediate
revaccination for rabies and confine the animal for observation for a period of not less
than forty-five (45) days; or
(2) if the animal is not currently vaccinated for rabies, order the owner to immediately have
the animal vaccinated for rabies, confine the animal for a period of not less than ninety
(90) days, and receive boosters rabies vaccinations during the third (3rd) and eighth (8th)
week of confinement; and
(3) Perform an immediate inspection of the animal and the premises with subsequent
inspections periodically during the confinement period.
(f) Any person having possession of or responsibility for any quarantined animal shall
immediately notify the Animal Services Center if such animal escapes or becomes or appears
to become sick or dies. In case of death of the animal under quarantine, the person shall
immediately surrender the carcass to the Animal Services Center for diagnostic purposes.
(g) it shall be unlawful for any person to remove from any place of confinement any cat, dog, or
ferret, which has been quarantined, without the prior approval of the Animal Services Center.
(h) The owner of an animal quarantined in accordance with this section or state law shall bear
the full cost of the quarantine.
(i) if, upon the expiration of the quarantine period, the Animal Services Officer or veterinarian
has observed no signs of rabies, a release from quarantine shall be issued to the owner. If the
animal does not have current rabies vaccination, the animal shall be vaccinated prior to its
release to the owner or within seven (7) days from the date of release and the owner must
provide proof of vaccination within those seven (7) days.
a) if the animal is impounded at the Animal Services Center for quarantine, the owner may
redeem the animal in accordance with the provisions of this article. The owner must remit
payment of full quarantine fees as established by the city council and on file in the office of
the city secretary within seventy-two (72) hours of impoundment unless approved by the
Animal Services Manager, in writing, for an extension. If the owner fails to remit payment
for the quarantine of the animal on or before the seventy-two (72) hours from impoundment,
the animal shall become the property of the city and the Animal Services Center is authorized
to disposition the animal through adoption, transfer to another animal welfare organization or
euthanasia. If the owner fails to redeem the animal on the day of release from quarantine, the
animal shall become the property of the City and fees paid shall be forfeit and the Animal
Services Center is authorized to disposition the animal through adoption, transfer to another
animal welfare organization, or euthanasia; unless approved by the Animal Services Manager,
in writing, for an extension.
(k) Unauthorized or prohibited animals that bite or potentially expose a human to rabies or are
suspected of having rabies shall be humanely euthanized and submitted for diagnostic testing.
(Ord. No. 2000-460, § 1, 12-19-00)
Sec. 6-25. Feral cats.
(a) Feral cat colonies shall be permitted, and feral cat colony caretakers shall be entitled to
maintain and care for feral cats by providing food, water, appropriate shelter, and other forms
of sustenance providing that doing so does not create a nuisance nor provide sustenance for
wildlife
(b) Feral cats that are trapped and brought to the Animal Services Center shall be sterilized,
microchipped, vaccinated for rabies, and returned to the area they were trapped. Providing
they are not creating a nuisance. Any feral cat trapped a second (2nd) time as a nuisance animal
and brought to the Animal Services Center shall be relocated or dispositioned by Animal
Services.
(Ord. No. 2000-460, § 1, 12-19-00)
Sec. 6-26. Keeping of fowl or pigeons.
(a) it shall be unlawful for any owner of any fowl to maintain more than eight (8) fowl on any
single parcel of property in a residential neighborhood.
(b) Roosters shall be prohibited on any parcel of property less than one acre in size in a residential
neighborhood.
(c) it shall be unlawful for any owner of any pigeons to maintain more than twenty-five (25)
pigeons on any premise within the city.
(d) it shall be unlawful for any person to keep or harbor any fowl or pigeons within the corporate
limits of the city in any pen, shed, coop, enclosed structure, or fenced yard, if any part of such
enclosure, structure or yard is within one hundred and fifty (150) feet of any residence,
business or commercial establishment or office, school, hospital, or nursing home. This
section does not apply to pet birds kept within residential or commercial structures, nor shall
it apply to birdhouses for the housing of migrating or wild birds. Any property owner that
has a current permit with a fifty (50) foot restriction at the time this ordinance goes into effect
shall be allowed to continue housing within that restriction if the permit is renewed and may
not exceed number of fowl for which the permit was issued.
(e) it shall be unlawful for any person to keep or harbor any fowl or pigeon that is not maintained
within an enclosed structure or fenced yard that prevents the animal from straying off the
owners property.
(f) it shall be unlawful for any person to keep or harbor any chicken within the corporate limits
of the city unless the person possess a current and valid permit from the city.
(g) it shall be unlawful for any owner of any fowl to maintain yards, pens, sheds, coops, or other
enclosures in which such fowl are confined in such a manner as to give offodors offensive to
persons of ordinary sensibilities residing in the vicinity, or to breed or attract flies, mosquitoes
or other noxious insects or rodents, or in any manner to endanger the animals’ health or public
health, safety or welfare, or to create a public nuisance.
(Ord. No. 2000-460, § 1, 12-19-00; Ord. No. 2012-257, § 1, 10-2-12)
Sec. 6-27. Livestock; sanitary conditions and registration requirements.
(a) it shall be unlawful for any person to keep or harbor any livestock within the corporate limits
of the city on a parcel of land less than one acre in size.
(b) it shall be unlawful for any person to keep or harbor more than two (2) head of livestock
within the corporate limits of the city on a parcel of land less than three (3) acres in size.
(c) For every parcel of land greater than three (3) acres, a person may keep on that land one
additional head of livestock for every acre over three (3) acres.
(d) in addition to the requirements in subsections (a) through (c), it shall be unlawful for any
person to 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. If a person is in compliance with this subsection, future
changes to adjacent property owned by another will be a defense to prosecution under this
ordinance.
(e) it shall be unlawful for any owner or person in control of any livestock to maintain yards,
pens, stables, sheds, or other enclosures in which such animals are confined in such a manner
as to give offodors offensive to persons of ordinary sensibilities residing in the vicinity, or to
breed or attract flies, mosquitoes or other noxious insects or rodents, or in any manner to
endanger the animals’ health or the public health, safety or welfare, or to create a public
nuisance .
(f) Manure and droppings shall be removed from pens, stables, yards, coops, and other
enclosures weekly or more often as necessary to prevent the breeding or attraction of flies,
mosquitoes, or other noxious insects or rodents and handled or disposed of in such a manner
as to keep the premises free of any nuisance.
(g) Mound storage of droppings of manure between such removals shall be permitted, only under
such conditions as to protect against the breeding of flies, rodents, and to prevent the
migration of fly larvae (maggots) into the surrounding soil.
(h) The feeding of vegetables, meat scraps or garbage to livestock shall be done only in
impervious containers or on an impervious platform.
(i) Watering troughs or tanks with potable water shall be provided, which shall be equipped with
adequate facilities for draining the overflow so as to prevent the breeding of flies, mosquitoes
or other insects
G) No putrescible material shall be allowed to accumulate on the premises; and all such material
used to feed, which is unconsumed, shall be removed and disposed of by burial or other
sanItary means
(k) Registration requirements. Persons maintaining livestock within the city limits shall annually
register with the City of Denton Animal Services Department. The registration shall include
a designation by the owner of the use of the property for livestock, proof of the acreage of the
parcel of land, the distance requirements for swine if applicable, and the number and type of
livestock kept on the parcel. There shall be no fee for this registration. It shall be unlawful for
a person to add additional heads of livestock without amending the registration within thirty
(30) days of acquiring the additional livestock.
(Ord. No. 2000-460, § 1, 12-19-00; Ord. No. 2003-309, § 3, 9-16-03; Ord. No. 2005-291, § 1, 9-
20-05)
Cross reference(shSolid waste generally, Ch. 24.
Sec. 6-28. Livestock riding or driving.
(a) it shall be unlawful for any person to allow livestock to be driven or ridden upon any public
property; provided however, horses may be ridden on the unimproved or unpaved portion of
the right-of-way and the chief of police, or their designee, may authorize horses and other
livestock to be ridden or driven on the right-of-way under the authority of a parade.
(b) it shall be unlawful for any person to allow livestock to be driven or ridden on any private
property, except on the property of the owner of the livestock or by permission of the owner
of the property.
(Ord. No. 2000-460, § 1, 12-19-00)
Sec. 6-29. Wild animals.
(a) it shall be unlawful to keep or harbor any wild animal within the city, except as provided for
licensed rehabilitation and educational purposes.
(b) The Animal Services Officer may establish conditions under which it would be permissible
to keep or harbor wild animals at locations other than those listed in this section for a period
of time not to exceed thirty (30) days.
(c) it shall be unlawful for a person to intentionally and knowingly feed or make food available
for animal consumption to any animal(s) in a manner that:
( 1) Creates a danger to public health and safety;
(2) Destroys public or private property;
(3) Attracts, habituates, or socializes wildlife to humans.
(d) This ordinance shall not apply to:
(1) Feral cats;
(2) Wild bird feeders filled in accordance with the manufacturer’s recommendations within
the boundaries of a person’s owned or occupied property.
(e) it is a defense to prosecution that the person is a licensed veterinarian, peace officer, person
employed by Animal Services, the state, or federal employee who is acting pursuant to
lawfully authorized programs to manage animal populations and is acting within the scope of
the person’s duties and authority.
(Ord. No. 2000-460, § 1, 12-19-00)
Sec. 6-30. Prohibited animal permit and impoundment.
(a) it shall be unlawful for a person to harbor, own or exhibit a prohibited animal within the city.
If a person is found in possession of a prohibited animal and the person does not have a valid
permit for possession of the prohibited animal issued by the Animal Services Department of
the City of Denton, the animal may be immediately seized and impounded by an Animal
Services Officer or by a City of Denton Police Officer. Section 6-16(b) regarding release or
disposition of the animal shall apply to prohibited animals. However, the prohibited animal
shall only be released to the owner if the owner has found a place where the animal may be
legally kept.
(b) it is an exception to the application of subsection (a) of this section if the owner, caretaker,
or exhibitor holds a prohibited animal permit or is a governmental entity, or is a state or
federally licensed native wildlife rehabilitator.
(c) A permit for the possession of a prohibited animal may be issued only to a licensed
rehabilitator, zoo, or a research institution 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 for educational purposes only if approved by the Animal Shelter Advisory
Committee
(d) The fee for such permit shall be established by the city council and maintained on file in the
office of the city secretary. The permit shall be issued for one (1) or more animals of an owner
or exhibitor at a single location. The permit is valid for a designated period of time not to
exceed twelve (12) months and may be renewed for the same fee.
(Ord. No. 2000-460, § 1, 12-19-00; Ord. No. 2006-330, § 8, 12-12-06)
Cross reference(s)–Licenses, permits and business regulations generally, Ch. 16.
Sec. 6-31. Revocation of prohibited animal permit.
The Animal Services Officer shall revoke a permit to harbor, own or exhibit a prohibited
animal within the city if:
(1) The permit holder fails to properly restrain the animal; or
(2) The permit holder fails to generally care for or protect the animal.
(Ord. No. 2000-460, § 1, 12-19-00)
Sec. 6-32. Prohibited animal permit appeal from denial or revocation.
(a) if the Animal Shelter Advisory Committee refuses to issue or renew a prohibited animal
permit or if the Animal Services Department revokes a permit, they shall send to the applicant
or permit holder by certified mail, return receipt requested, written notice of their action and
a statement of the right to appeal.
(b) The applicant or permit holder may appeal the decision of the to the Municipal Court by filing
with the Municipal Court a written request for a hearing, setting forth the reasons for appeal,
within ten (10) days after receipt of the notice from the Animal Services Department. The
filing of a request for an appeal hearing with the Municipal Court stays any action by the
Animal Services Department to revoke a permit until a final decision is rendered. If a request
for an appeal hearing is not made within the prescribed period, the action of the Animal
Shelter Advisory Committee or Animal Services Department is final.
(c) The Municipal Court Judge shall serve as hearing officer at an appeal hearing and shall
consider evidence offered by any interested person. The hearing officer shall make their
decision on the basis of a preponderance of the evidence presented at the hearing. The hearing
officer must render a decision within thirty (30) days after the request for an appeal hearing
is filed. The hearing officer shall affirm, reverse or modify the action of the Animal Shelter
Advisory Committee or Animal Services Department and their decision is final.
(Ord. No. 2000-460, § 1, 12-19-00)
Sec. 6.33. Commerce in live animals.
(a) A person commits an offense if the person sells, trades, barters, leases, rents, gives away, or
displays a live animal on a roadside, public right-of-way, parkway, median, outdoor special
sale, swap meet, flea market, parking lot sale, or similar event or outdoor public place that is
generally accessible to the public regardless of whether such access was authorized.
(b) This section does not apply to;
( 1) The Animal Services Center or Animal Services Center approved partner or not-for-profit
501 (c)3 animal welfare organization;
(2) An event primarily for the exhibition of judging cats, dogs, or rabbits; or
(3) A mobile pet adoption event at which consideration is paid if it is operated by an
organization that is exempt pursuant to subsection (b) (1) of this section.
(c) it is an affirmative defense to prosecution under subsection (a) above that the person is working
on the behalf of a veterinary clinic, animal hospital, animal shelter, or a not-for-profit 501 (c)3
animal welfare organization.
ARTICLE II. DANGEROUS DOGS2
Sec. 6-34. Purpose and scope.
(a) The purpose of this article is to protect the health, safety, and general welfare of the city by
providing for the disposition of dogs determined to be dangerous.
(b) The administrative procedures of this article shall apply to any dog required to be restrained
in accordance with this article which, while running at large has made an unprovoked attack
on a person or legally restrained domestic animal or livestock causing bodily injury or
committed unprovoked acts while running at large and those acts cause a person to reasonably
believe the dog will attack and cause bodily injury to that person and for which a complaint
has been filed in accordance with this article.
20rd. No. 21-2634 , § 2, adopted December 14, 2021, amended article II in its entirety to read as herein set out.
Former article II, §§ 6-33–+-39, pertained to dangerous animals, and derived from Ord. No. 2000-460, § I,
12-19-00; Ord. No. 2016-217, §§ 2, 3, 8-2-16; Ord. No. 2020-2234, § 1, 12-1-20.
(Ord. No. 21-2634 , § 2, 12-14-21)
Sec. 6-35. Filing the complaint.
(a) To invoke the provisions of this article, a written complaint shall be filed with the Animal
Services Center within ten (10) calendar days of the date the person or legally restrained
domestic animal or livestock was attacked or injured, on a form provided by the city which
shall give notice of the penalty for the filing or signing of a false complaint as provided in
this article
(b) The complaint shall be signed by any person, including an Animal Services Officer, that the
dog has made an unprovoked attack on a person or legally restrained domestic animal or
livestock causing bodily injury or that the dog committed unprovoked acts while running at
large and those acts cause a person to reasonably believe the dog will attack and cause bodily
injury to that person.
(c) The complaint shall contain the following information:
(1) The name, address and telephone number of the person attacked or injured or the owner
of the legally restrained domestic animal or livestock attacked or injured;
(2) The facts and circumstances of the incident, including the date, time, and location; a
description of the dog complained of; and if known, the name, address, and telephone
number of the owner of the dog complained of, and of any witness; and
(3) A statement that the dog complained of, while running at large or while restrained in a
public place, made an unprovoked attack on a person or legally restrained domestic
animal or livestock or committed unprovoked acts while running at large and those acts
cause a person to reasonably believe the dog will attack and cause bodily injury to that
person in violation of this article.
(Ord. No. 21-2634 , § 2, 12-14-21)
Sec. 6-36. Making a false complaint.
It shall be unlawful for any person to file or sign the written complaint required by this article
when the person knows that the complaint contains false information.
(Ord. No. 21-2634 , § 2, 12-14-21)
Sec. 6-37. Investigation; determination of probable cause; order of impoundment.
(a) Upon receipt of a dangerous dog complaint, the Animal Services Department shall
immediately initiate an investigation to determine if there is probable cause to believe that
the dog which is the subject of the complaint is dangerous.
(b) if the investigating Animal Services Officer determines that there exists probable cause to
believe the dog is dangerous, the Animal Services Officer shall request an order of
impoundment be issued by the municipal court.
(c) The order of impoundment shall include the facts set forth in the complaint, the duty of the
owner to immediately impound the dog, and notification of the subsequent dangerous dog
hearing.
(d) Upon receipt of an order of impoundment, the owner of the subject dog shall immediately
release the dog for impoundment at the Animal Services Center.
(e) if the owner of a dog subject to impoundment refuses or fails to immediately impound the
dog as required, an Animal Services Officer may obtain a warrant from a magistrate, seize
the dog, and transport it to the Animal Services Center.
(f) The owner or caretaker will bear any and all costs for the impoundment and subsequent care
fees required by this section.
(g) Any owner, caretaker, or other person having possession of or responsibility for any dog
which is subject to an investigation under this article shall immediately notify the Animal
Services Center if such dog escapes or becomes or appears to become sick or dies. In case of
death of the dog under investigation that has bitten a person or potentially exposed a human
to rabies, the owner shall immediately surrender the carcass to the Animal Services Center
for diagnostic purposes.
(h) it shall be unlawful for any person to refuse or fail to impound a dog as required by this
section, or to harbor or hide a dog subject to this article for the purpose of preventing its
impoundment.
(i) it shall be unlawful for any person to transport, or secure the transport, of a dog subject to this
article to any location outside the incorporated limits of the city if the person has knowledge
that the dog is the subject of an investigation under this article.
a) Nothing in this section shall preclude an Animal Services Officer from immediately
impounding a dog that poses an immediate threat to the health and safety of the citizens or
animals of the city.
(Ord. No. 21-2634 , § 2, 12-14-21)
Sec. 6-37. Determination hearing.
(a) The jurisdiction for a dangerous dog determination hearing under this article shall be assigned
to the municipal court of the city.
(b) The owner of a dog subject to a dangerous dog determination hearing under this article shall
be notified, in writing, of the date, time and location of the hearing within five (5) days after
the impoundment of the dog.
(c) The determination hearing shall be held within ten (10) days after impoundment of the dog.
(d) The hearing shall be held before a magistrate of the municipal court of the city. The magistrate
shall consider evidence provided by any interested party in making their determination.
(e) if, in accordance with this article, a magistrate determines that a dog is a dangerous dog, the
magistrate shall issue an order of disposition for the dog. The magistrate may order the
humane euthanasia of the dog or order the owner to comply with the requirements for owning
a dangerous dog.
(f) if the magistrate determines that the dog is not a dangerous dog, the magistrate shall order the
dog to be released to the owner.
(g) Nothing in this section precludes the owner of a dog which is the subject of the hearing from
waiving their right to a determination hearing. If a person waives the right to a hearing, the
dog will be assumed to be dangerous and the owner shall immediately authorize the humane
euthanasia of the dog by the animal control center.
(Ord. No. 21-2634 , § 2, 12-14-21)
Sec. 6-38. Requirements for owning a dangerous dog.
(a) No later than the 30th day after a dog has been determined to be a dangerous dog, the owner
shall
(1) Register the dog annually as a dangerous dog with the Animal Services Authority for the
area in which the dog is kept;
(2) Restrain the dog at all times in one of the following manners:
a. In a secure enclosure when the owner or caretaker is not present; or
b. When taken outside the secure enclosure the dog must be secured by a leash not
longer than six (6) feet in length, held by a person of sufficient strength to restrain
the dog, and muzzled in a manner that will not cause injury to the dog, not interfere
with its vision or respiration and must prevent the dangerous dog from biting
another person or animal;
(3) Display signs of a permanent nature at the property lines located on the front and rear of
the property and on the secure enclosure of the dog; notifying of a dangerous dog on the
property;
(4) Obtain liability insurance coverage or show financial responsibility in an amount of at
least one hundred thousand dollars ($100,000.00) to cover damages resulting from an
attack by the dangerous dog causing bodily injury to a person or legally restrained
domestic animal or livestock;
(5) Microchip the dog and register the dog for its life with a national registry, and present
proof of the registration to the Animal Services Center within thirty (30); and
(6) Present proof to the Animal Services Center that the dog has been sterilized by a licensed
veterinarian within thirty (30) days. This requirement may be waived if a licensed
veterinarian certifies in writing that sterilization would endanger the health of the dog
because of a preexisting medical condition.
(b) For the purposes of this section, "secure enclosure" means and must comply with the
following requirements:
(1) A dwelling may serve as a secure enclosure under this division. If a dwelling is the
secure enclosure under this division, all entries to the dwelling, including doors and
garage doors, must have a sign posted in a conspicuous location warning of the presence
of the dangerous dog, and the front door of the dwelling must be locked at all times,
except when in use for entering or exiting the dwelling.
(2) if a secure enclosure is separate from a dwelling, all entrances to the secure enclosure
must be locked with a padlock at all times, except when in use to enter or exit the secure
enclosure. The secure enclosure must be capable of preventing the escape, release, or
protrusion of any part of the body of the dog. The enclosure shall have secure sides, roof,
and a floor either attached to the sides or with the sides embedded no less than six (6)
inches in a concrete border surrounding the base of the enclosure. The concrete border
shall be no less than four (4) inches wide and no closer than six (6) feet to any property
line. An enclosure shall be adequately lighted and ventilated and must be maintained in
a clean and sanitary condition. Such enclosure must be inspected and approved by animal
services department to verify the enclosure is in compliance with the order issued by the
magistrate before the dog is registered with the animal services department.
For the purposes of this section, "register" means to:
(1) Provide the Animal Services Center with the name, address and telephone number of the
person owning or harboring the dangerous dog;
(2) Provide the Animal Services Center with the name, general description and two-color
photographs, one depicting a frontal view and one depicting a side view, of the
dangerous dog;
(3) Provide the Animal Services center with a valid rabies vaccination certificate issued for
the dangerous dog by a licensed veterinarian;
(4) Provide a copy of a current liability insurance policy as prescribed by subsection (a)(4)
of this section;
(5) Agree to inspections by Animal Services Officers of the dangerous dog and the premises
on which the dangerous dog is kept at any reasonable times to ensure compliance with
the provisions of this article;
(6) Pay a dangerous dog registration fee as authorized by the city council and on file in the
office of the city secretary;
(7) Provide the Animal Services Center with proof the dog has been sterilized by a licensed
veterinarian; and
(8) Provide the Animal Services Center proof that the dog's microchip is registered with a
national registry.
For the purpose of this section, "signs" shall mean a sign, at least eight (8) inches by twelve
(12) inches, of a permanent nature stating "BEWARE OF DANGEROUS DOG" in red
lettering on a white background. The lettering shall be no less than two (2) inches in height
and made of a reflective material that is visible in low-light situations or at night. The owner
of a dangerous dog shall renew the registration at least annually and submit payment of fees
as authorized by the city council and on file in the office of the city secretary.
The owner shall immediately notify the Animal Services Center of any change in status of a
dangerous dog, including relocation, transfer of ownership, escape, or death. In the event that
the dangerous dog is moved to another location within the city, the Animal Services Center
shall inspect the new location to ensure compliance with this section. If ownership of the
dangerous dog is transferred to another person, that person shall be subject to all requirements
of this section. If the dangerous dog is moved to a location outside the incorporated limits of
(C)
(d)
(e)
the city, the owner shall inform the Animal Services Center of the proposed new location of
the dog, provide proof of acceptance from the local Animal Services Authority where the dog
is moving to, the name, address, phone number, and email of responsible party, address where
the dog will be kept if different from responsible party, and provisions on how the dog is
transferred outside of the city limits. The Animal Services Center shall forward a copy of the
dangerous dog determination letter to the local Animal Services Authority of the jurisdiction
into which the dog is being moved.
(f) if an owner of a dog deemed to be dangerous is unable to comply with the conditions set forth
in this section, the owner shall have the dog humanely euthanized by a licensed veterinarian
or release the dog to the Animal Services Center for humane euthanasia.
(Ord. No. 21-2634 , § 2, 12-14-21)
Sec. 6-39. Impoundment; redemption.
(a) The owner of a dog impounded under the provisions of this article and subsequently
determined to be a dangerous dog shall, prior to the release of the dog from the Animal
Services Center, provide proof to the Animal Services Center that they have complied with
all conditions contained in the order of determination and pay all fees as authorized by the
city council and on file in the office of the city secretary.
(b) if a dog impounded under this article is determined not to be dangerous, the owner shall be
notified that the dog is eligible for redemption and the terms of redemption. The owner shall
redeem the dog within seventy-two (72) hours after receiving such notice. If the owner fails
to redeem the dog within the required period, the dog shall become the property of the city
and the final disposition shall be determined by animal services consistent with approved
policy
(c) The owner of a dog that is determined to be dangerous under the provisions of this article
shall notify the Animal Services Center within seventy-two (72) hours of their intent to
redeem the dog. If the owner fails to notify the Animal Services Center of their intent to
redeem the dog, the dog shall become the property of the City and shall be humanely
euthanized by the Animal Services Center unless the Animal Services Manager has approved,
in writing, an extension. The owner shall redeem the dog within seventy-two (72) hours after
notice that the dog is eligible for redemption. If the owner fails to redeem the dog within the
required period, the dog shall become the property of the city and shall be humanely
euthanized by the Animal Services Center. The owner shall pay the city impound and holding
fees as authorized by the city council and on file in the office of the city secretary.
(Ord. No. 21-2634 , § 2, 12-14-21)
Sec. 6-39.1. Failure to comply.
(a) Any person may make a sworn application to the municipal court that the owner of a
dangerous dog has failed to comply with section 6-38(a)(2) or that a dangerous dog or has
made an unprovoked attack and caused bodily injury to a person or another legally restrained
domestic animal or livestock. Upon the filing of a sworn application under this section, the
municipal court shall schedule a hearing on the application in accordance with section 6-37.
A sworn application under this section must include :
(1) Name, address, and telephone number of complainant and other witnesses;
(2) Date, time, and location of the incident forming the basis of the report;
(3) Description of the dog(s) involved in the incident;
(4) Name, address, and telephone number of the dog owner, if known;
(5) A statement of facts upon which the application is based;
(6) Any other relevant facts or circumstances.
Upon the filing of a sworn application under this section, the municipal court shall order the
Animal Services Officer to seize the dangerous dog and shall issue a warrant authorizing the
seizure. The Animal Services Officer shall seize the dangerous dog or order its seizure and
shall provide for the impoundment of the dangerous dog in secure and humane conditions.
The governing body of the city may prescribe the amount of the fees. The dangerous dog shall
remain impounded pending an order of disposition from the municipal court unless otherwise
provided for in section 6-39.1 (h).
The municipal court shall determine, after notice of determination as provided in section 6-
37, whether the owner of a dangerous dog has failed to comply with section 6-38
If, after a hearing on an application filed under this section, the municipal court finds that the
owner of the dangerous dog has failed to comply with section 6-38, the municipal court shall
order one of the following: the Animal Services Center to humanely euthanize the dangerous
dog; the dangerous dog be permanently removed from the city; or the dangerous dog be
returned to the owner upon proof of compliance with all of the requirements of section 6-38.
The court may also order the owner of the dangerous dog to pay all costs or fees assessed by
the city related to the seizure, acceptance, impoundment, and humane euthanasia of the
dangerous dog due to the sworn complaint filed under this section.
If, after a hearing on an application filed under this section, the municipal court does not find
sufficient evidence to issue an order under section 6-39.1, the municipal court shall order that
the Animal Services Center immediately release the dangerous dog to the owner, and the
owner shall not be responsible for the costs of seizure or impoundment of the dangerous dog.
A dangerous dog ordered to be humanely euthanized or permanently removed from the city
shall remain impounded until the dangerous dog is humanely euthanized, or until the owner
provides proof of acceptance from the local Animal Services Authority where the dog is
moving to, name address, phone number, and email of responsible party, address where the
dog will be kept if different from responsible party, and provisions on how the dog is
transferred outside of the city limits.
If the owner of a dangerous dog seized due to a sworn application filed under this section
cannot be located within seventy-two (72) hours after the seizure and impoundment of the
dangerous dog, the dangerous dog shall be considered abandoned and the animal shall become
(b)
(C)
(d)
(e)
(f)
(g)
(h)
the property of the City and the Animal Services Center is authorized to humanely euthanize,
without a hearing.
(Ord. No. 21-2634 , § 2, 12-14-21)
Sec. 6-39.2. Dangerous dog registry.
The Animal Services Department shall maintain a list including identifying information on
all dogs determined to be dangerous in the city. The list must include the dangerous dog’s address,
description, pictures, microchip number, the owner’s name, and any other pertinent information.
This list must be publicly available at the Animal Services Center and will be provided upon
wrrtten request.
(Ord. No. 21-2634 , § 2, 12-14-21)
Sec.6-39.3. Animals deemed dangerous by other jurisdictions.
a) The owner of a dog that has been determined to be dangerous by another jurisdiction, under
guidelines similar to those in this chapter, is prohibited from bringing the dog into the City
Any dog that is brought into the City in violation of this section shall be immediately
removed from the corporate limits of the City of Denton or be turned over to the Animal
Services Center. If impounded, the owner must, within seventy-two (72) hours, provide
proof of acceptance from the local Animal Services Authority where the dog is moving to,
name address, phone number, and email of responsible party, address where the dog will be
kept if different from responsible party, and provisions on how the dog is transferred outside
of the city limits
1. A person commits an offense if he is the owner of a dog that has been determined to be
dangerous by another jurisdiction and brings that dog into the city limits.
ARTICLE III. HUMANE TRAPPING
Sec. 6-40. Placement of animal traps.
a) Humane traps shall be used to trap animals within the city, whether on public or private
property .
1. No traps will be provided by or serviced by the Animal Services Department to remove
healthy wildlife.
2. The person who places the trap, or who requests its placement, shall be responsible for
checking the trap, the care of the animal while it is in the trap, and the immediate
notification to the Animal Services Department of any captured animal. All traps shall
be checked at least daily.
3. No traps shall be placed upon public property without written approval from the Animal
Services Department. It shall be the responsibility of the person setting the trap to
properly label the trap indicating the name and contact information for the owner of the
trap and the date approval was obtained from the Animal Services Department.
b) All captured domesticated animals shall be turned over to the Animal Services Center unless
the animal is captured as part of a feral animal sterilization program. All captured wild
animals shall be turned over to the Animal Services Department, a wildlife education center,
a licensed wildlife removal company, or a state or federally licensed wildlife rehabilitator
within twenty-four (24) hours of capture.
c) Offenses. A person commits an offense if they:
1. Place or allows the placing of a steel-jawed trap (commonly known as a bear trap, wolf
trap, leg hold trap, or coyote trap), a body hold trap (commonly known as a conibear
trap), any snare trap, any noose-type trap, or any other trap designed, used, or adapted
to be lethal or cause serious bodily injury or death of an animal.
2. Place or allows the placing of any substance, article, or bait that has in any manner been
treated with any poisonous or toxic substance, including anti-freeze, or any drug in any
place accessible to human beings, birds, dogs, cats, or other animals with the intent to
kill or harm animals
3. Fails to check a trap they have placed or allowed to be placed at least once every
twenty-four (24) hours.
4. Place or allow the placing of any trap when the heat index is expected to be above
ninety (90) degrees or the temperature below forty (40) degrees Fahrenheit without first
obtaining written permission from the department.
5 . Place or allows the placing of any trap under conditions which may endanger the health
of the animal due to exposure to rain, snow, extreme temperatures, lack of food or
water, or under other circumstances that may cause bodily injury, serious bodily injury,
or death of the animal, whether or not such injury occurs.
6. Euthanize, kill, or attempts to euthanize or kill a trapped animal in a manner other than
one specifically allowed in this chapter.
7. Place or allows the placing of any trap designed for trapping animals in any highway,
street, alley, or other public place within the corporate limits of the city unless specific
written approval from the Animal Services Department has been granted. This
subsection shall not apply to a city enforcement agent or an agency working in
compliance with written approval from the Animal Services Department for placing
the trap on public property.
8. Remove, alter, damage, or otherwise tamper with a trap or equipment belonging to or
place at the request of the Animal Services Department.
9. Place or allow the placing of a trap, other than a commercially available trap solely
designed to exterminate mice, rats, insects, for commercial profit, without identifying
the trap with the name, telephone number, and Texas Department of Agriculture
structural pest control applicator license number of the applicator who placed the trap.
d) Any trap found to be set in violation of this chapter may be confiscated by an Animal
Services Officer and held as evidence in the case for the offense.
e) This section shall not be interpreted to restrict the extermination of rats, mice, or insects,
through the use of traps, poisons, or other commercially available means when used at that
person’s residence, property, accessory structure, or commercial establishment and in
accordance with the manufacturer’s directions as long as reasonable precautions are taken
to ensure that no human, pet, or wild animal, other than the targeted species, comes into
contact with the traps, poison, or other means and does not violate any other section of this
chapter.
(Ord. No. 2008-059, § 2, 3-4-08)
(Ord. No. 2008-059, § 2, 3-4-08)
ARTICLE IV. BEES
Sec. 6-41. Keeping of bees.
(a) Honeybees may be kept if the following conditions are met:
1. All hives shall be located a minimum of fifty (50) feet from any inhabited dwelling
other than that of the person keeping such bees;
2. There is an adequate source of water within twenty (20) feet of all hives;
3. Any hive contaminated with or known to have Africanized honeybees (killer bees)
shall be destroyed by a qualified beekeeper at the owner’s expense;
4. Adjacent neighbors must be notified that bees will be kept on your property; and
5 . A honeybee registration form must be completed and submitted to the City of Denton.
Any violation for failing to complete a honeybee registration form shall be dismissed
without any fine or costs assessed upon the submission of a honeybee registration
form within thirty (30) days of the violation.
(b) it shall be unlawful for any owner of any hive to maintain more than the prescribed
number of hives on the chart below on any single parcel of property in a residential
neighborhood:
25 Acre ,3 Acre
3 hives
3 nucs
,5 Acre
4 hives
4 nucs 5 ni;s
The total number of hives allowed are staggered according to the size of the parcel. An equal
number of hives and nucs (nucleus colonies, or small honeybee colonies created from larger
colonies) are allowed on the property with restriction. Nucs are allowed to be on the property
for ninety (90) days before they must be removed.
It shall be unlawful for any person to keep, or allow to be kept, bees in such a manner as to
deny the reasonable use and enjoyment of adjacent property or endanger the personal health,
safety, and welfare of the inhabitants of the city.
(C)
(d) it shall be unlawful for any person to keep any hive within the corporate limits of the city
unless the person has submitted a current and valid registration with the City of Denton.
(Ord. No. 2016-217 , § 4, 8-2-16)
SECTION 2. Section 1-12 General Penalty Provision of the Code of Ordinances shall be
amended to change the maximum penalty for violations of Chapter 6 of the Code of Ordinances
from $200.00 to $500.00 and Section 1-12 shall now read as follows:
Sec. 1-12. General penalty.
(a) Where no specific penalty is provided for in this Code for a violation of a provision of this
Code or where any provision of this Code or any ordinance provides for a maximum fine in
the amount which is in conflict or inconsistent with the maximum fine provided for herein,
the maximum fine shall be as follows:
(1)
(2)
(3)
(4)
(5)
Two thousand dollars ($2,000.00) for a violation of any provision governing fire
safety, zoning or public health and sanitation, excluding vegetation and litter
violations;
Two hundred dollars ($200.00) for a violation of any provision regulating the parking
of motor vehicles, and any other traffic related offenses;
The amount fixed by state law if the provision is one for which state law establishes a
fine9
Five hundred dollars ($500.00) for a violation of any provision of chapter 6 of this
Code
Five hundred dollars ($500.00) for any other violation not otherwise provided for in
this section.
(b)
(C)
A person violating a provision of this Code or other ordinance, rule or regulation of the city
is guilty of a separate offense for each day or part of a day during which the violation is
committed, continued or permitted, unless otherwise provided.
The provisions in this section are cumulative of all other remedies, including but not limited
to injunctions and other extraordinary writs. This section shall govern all penalties for any
violation of this Code, notwithstanding any language to the contrary contained in any other
section of this Code.
(Code 1966, § 1-5; Ord. No. 88-010, § 1, 1-5-88; Ord. No. 88-143, § 1, 9-6-88)
SECTION 3. Any person, firm, partnership, or corporation violating any provision of this
ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by a
fine in a sum not exceeding $500.00 for each offense. Each day that a provision of this ordinance
is violated, shall constitute a separate and distinct offense.
SECTION 4. This ordinance shall supersede and replace all previous conflicting
provisions of City ordinances and the Code of Ordinances and such previous conflicting provisions
are hereby repealed. All other non-conflicting provisions of the Code of Ordinances of the City of
Denton, as amended, shall remain in full force and effect, save and except as amended by this
ordinance.
SECTION 5. It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs and sections of this ordinance are severable, and, if any phrase,
clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the
valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance,
since the same would have been enacted by the City Council without the incorporation in this
ordinance of any such unconstitutional phrase, clause, sentence paragraph, or section.
SECTION 6. The City Secretary is hereby directed to record and publish the above revised
section in the City’s Code of Ordinances as authorized by Section 52.001 of the Texas Local
Government Code.
SECTION 7. In compliance with Section 2.09(c) of the Denton Charter, this ordinance
shall become effective fourteen (14) days from the date of its passage, and the City Secretary is
hereby directed to cause the caption of this ordinance to be published twice in the Denton Record
Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the
date of its passage.
The motion to approve this Ordinance was made by B r\ hA (brob and
seconded by J K]_hJ__. This Ordinance was-Msed and approved by the
following vote a - JL] :
Aye
U’
la
/
,/
V/
L//
Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck, District 2 :
Paul Meltzer, District 3 :
Joe Holland, District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
Z
PASSED AND APPROVED this the -l \'- dayof r)Ay _, 2024.
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ATTEST:
LAUREN THODEN, CITY SECRETARY
cy„„CA,£hdh
APPROVED AS TO LEGAL FORM:
MACK REINWAND. CITY ATTORNEY