1987-051
16~81
NO
~~()!jl
AN ORDINANCE OF THE CITY ~F DENTON, TEXAS, AMENDING CHAPTER 4 Of
THE C()DE OF ORDINAN(;ES RELATING TO ANIMALS, AMENDING l'ROVISIO¡"¡S
RELATING TO THE IMPOUNDl-ŒNT OF ANIMALS AND THE PAYMENT OF FEES,
PROVIDING FOR PROCEDURES FOR THI fILING AND INVESTIGATION OF
COMPLJ\INTS OF ANIMALS ATTACKING @ BITING PERSONS OR ANIMALS,
PROVIDING FOR IMPOUNDMENT AND DESTRUCTION Of ANIMALS DETERMINED
TO BE DANGbR~US AFrE~ NOTICE AND HEARING, PROVIDING FOR A PENALTY
IN THE MAXIMUM A~OUNT OF TWO HUNDRED DOLLARS ($200 00) FOR
VIOLATIONS TH~REOF, PROVIDING f~R A SEVERABILITY CLAUSE, AND
PROVIDING FOR AN EFFECTIV~ DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY O~DAINS
S~CTION I
That sect1on ~-2 (II), of chapter 4, defln1ng "V1ClOUS an1!l1al",
1S amended to read as follows
(8) Runn1ng at Large Not restra1ned by leash, fenced
~ or encl()sed structur~, 1n V1olat1on of sect1on
4-7 of th1S chapter
S~CTION I I
That sect1on 4-7 1 of chapt~r 4 1S amended to read as follows
Sec
4 7-1
Same--Duty of off1cers to l!l1pound
The an1!l1al control off1cer 1S author1zed to 1mpound anr
an1mal Wh1Ch 1S runn1ng at large W1 th1n the C1 ty, any
an1!l1al Wh1Ch has been conf1ned under !o~ct1on 4-6, or,
f()r Wh1Ch l!l1poundment 1S othennse author1zed by th1S
chapter or state law \IIheI"e an an1!l1al 1S rUnn1n¡¡ at
large 1n a publ1C pl~ce, th~ l!l1pound1ng off1cer m~y
enter upon the publ1C place foI" the purpose of
1IIlpoundIllent or 1ssuance of a C1 tat1on, or both, unless
the off1cer has notice that entry 1S forb1dt:len In no
ca!ie, howe\'er, shall an an1!l1al control off1cer enter a
bu1lt:l1ng on pn va te prop~rty f or the purpose of
1Illpoundment or the 1ssuance of a Cltat1on w1thout the
effect1ve consent of the owner, the ord~r of a
!I1ag1strate, or as otherw1se allowed by state law
SliCTION I II
That Art1cle II of Chapter 4 of
amended to read as follows
the Code of Ordlnances
IS
ARTI(;I.E II
DANGEROUS ANIMALS
Sec
4-41
Purpos~ and Scope
The purp~se of thlS artlcle 1S to protect the health, saf~tr,
and general w~lfare of the Clty by pro~ldlng for the destructlon
of anl~als det~r~lned to b~ dangerous
The ad~ln1strat1v~ procedures of thlS artlcle shall apply to
anr a~l~al WhlCh, whlle runnlng at larg~ or whlle r~straln~d In a
publlc place, h~s b1tten ~r attacked a person or another anlmal,
and for Wh1Ch ~ c~~pla1nt has been flled 1n ~ccordance wlth thlS
article
Sec
4-42
D~fln1tlons
"J\nlmal" shall ~ean any an1~al r~qu1red to be restralned In
accordance w1th sectlon ~-7 of thlS chapt~r
"Restra1ned In a publ1c place" shall mean physlcally held or
tethered by l~ash, rope or Sl~llaI" de~lce In anr place to ¡,¡hl(:11
th~ publ1c or a substantlal group of the publlC has access, or
any pl~ce to IofhlCh ~ Chlld ~ar freely wander, and Includes, but
IS not 11~lted to, streets, hlghways, a~d the common ar~as and
unfenced yards or grounds of schools, churches, hospltals,
apart~ent houses, offlce bulldlngs, resldent1al dlofelllngs and
bUS1~esses
Sec
4-43
F1llng of Compla1nt
To invo~e the provls1ons of thlS art1cle, a wrltten co~~lalnt
~ust be flIed as follows
(a) The complalnt sh~ll be flle~ wlth the Anl~~l Contr~l
(;ent~I" W1 thln two (2) bus1ness dars of the date the person or
an1mal was attacked or bitten, on a for~ pronded by the City,
Wh1Ch shall gl~e not1ce of the penalty for the flllng or slgnlng
of a false complalnt, as provlded for In thlS artlcle
(b) The co~pla1nt shall IJe slgned by the person, or olofn~r of
the an1~~1, attacked or b1tten, as the case may be If the person
l'AGE 2
requlred to Slgn th~ cOlllplalnt IS a mlnor or IS Incapacltated,
the compla1nt shall be slgned by the pers~n's parent, guardla~ or
legal representatlve
(c) The compla1nt shall contaln the follo~ln~ Inforlllatlon
2
T~e nallle, address, and t~lephon~ number of the p~r-
son attacked or bltten, or t~e own~r of the anlmal
attacked ~r b1tten, as the cas~ lIIay be
The facts and clrculllstances of the Incldent, In-
clud1ng the date, tlme, and locatlo~, a descrlptlon
of the anllllal complalned of, and, If ¡mown, the
n!lme, address, and telephone nulllber of the o~ner
of the anlmal cOlllplalned ~f, anJ of anr wltness
1
A statelllent that the anlmal colllplalned of, whlle
runnlng at large or ~h1le restralned In a publlC
place, attacked or blt a person or another anllllal
(d) The complalnt shall b~ accOlllpanl~d by a wrltten stat~ment
frolll a phYSlclan or veter1~arlan, as th~ case may be, showlng that
the person or anllllal attacked or bltt~n was eJtamlneJ or tI"~at~d
~1 thln forty-~lght (48) hours of the Incldent, and stating th~
nature and eJttent of any InJurles suffered
3
Sec
4-44
Mak1ng False Complalnt
It shall be unlawful for any person to £lIe or slgn the
wrltten colllpla1nt requlred br thlS artlcle when the p~rson ~nows
that the colllpl!llnt contalns fals~ Inforlllatlon
Sec
4-4S
Investlgatlon, Probable Cause Hearlng, IlIIpoundlllent
Order
(a) If a colllplalnt IS properlr flIed In accordance wlth sec-
tion 4-43, the Anlmal Control Ce~ter shall promptly Investlgate
the cOlllplalnt, prepare a wrl tt~n r~port of the result of the
Investlgatlon, and del1l1er a copy of the colllpl!llnt and report to
the C1ty Manager
(b) Upon recel vlng the colllplalnt and 1nvestlgatl ve report,
the City Manager shall, 1f the owner of the anlmal complaln~d of
IS k~own, 11llllledlately schedule a hearing to b~ held befor~ the
Clty Manager to determ1ne ~hether ther~ IS probabl~ caus~ to
bel1eve that th~ anllllal complalned of IS a dan~er()us anlmal and
shoul(! be Impounded pendlng a deterllllnatlon h~arlng The owner
of the anlmal c~lIIplalned of shall be glllen wrltten notlce of the
PAGE 3
he~rlng at l~ast tw~nty-four (24) hours pr1or to the t1~e of the
hearlng by personal ser~lce or by del1verlng a copy of the notlce
to the last known address of the o~n~r
(c) At the tlme of the scheduled hearlng, ~hlCh shall be con-
ducted 1nf()r~ally, the C1ty M~nager ~ay conslder the coIllplalnt
f1led, the 1nvest1gatlve report, medlcal stateIllents, the testlIllony
of th~ ()wner of th~ an1Illal coIllplalned of, the test1Illony of the
complalnant, wltnesses, or other Interested partles, and any
other 1nf()rmat1on relevant to the Incldent
(d) If the C1ty Man~ger deterIII1nes that the ev1dence recelved
shows there IS probable cause to b~l1eve that a hearlng panel
could, In accord~nce w1th sect1()n 4-47 (b) (1), flnd that the
anlmal coIllpla1ned of ~ould be a danger to the coIllmunlty If not
destroyed, then the Clty Manager shall promptly schedule a
determ1nat1on hearlng as provlded for In sectlon ~-46 and Issue a
wrltt~n order that th~ anlIllal be 1Illpounded pendlng the outcome of
th~ hearing
(e) If the C1tr Manager determ1nes that there IS no probable
cause to bel1eve that the hearlng panel could, In accordance w1th
sect 1011 4-47 (b) (1), flnd that the anlIII~l ~ould be a danger to
the coIIIIllunlty If not d~stroyed, no further act1on shall b~ tak~n
on the cOIllplalnt
s~c
4-46
DeterIII1natlon Hear1ng
(a) If a det~rIIIlnatlon hearlng IS scheduled br the Clty
!>1anag~r 1n accordanc~ wlth section ~-4S, It shall be held not
later th~n the flfteenth day aft~r th~ lIllpoundment of the
an1mal. At any tlIlle prlor to the hearlng date, the Clty Manager
IIIay contlnu~ the h~ar1ng to a lat~r dat~ upon the wrltten request
of the o~ner of the anlIllal cOIllplalned of, If good cause IS sho~n,
upon the wrltten stateIllent of th~ physIClan of a person InJured
by the anlIllal stating that the person IS not IIIed1cally able to
attend the hearlng, or, In the event It IS necessary to gl~e
notlce ()f the hear1ng by ne~spaper ~ubllcatlon
(b) The own~r of the an1Illal complalned of, 1f kn()wn, shall b~
glven ~rltten notlce ()f the hearlng br p~rsonal serV1ce ()r
certlf1ed IlIa 1 1 , return recelpt requested, at least flve (S) days
prlor to the hearlng date If the wrlttel1 notlce cannot be glven
by personal del1v~ry or mall, th~n the notlce sh~ll be publlshed
ol1e (1) tlIlle In a newspaper of general c1rculat1on at least seven
(7) dll.Ys pr1or to the date of the hearing The notice shall
1nclu~e the followlng
1
A general descrlptlon of the anlIllal
PAGE ~
2
The place, date, and t1~e of the hear1ng
That the owner of the an1~al co~plaln~d of may
appear at the hearlng and present evld~nce,
cross-e¡¡amlne Wl tnesses, and be represented by
le¡¡al counsel
3
4
That the anl~al shall be ordered destroyed
found to be a danger to the co~~unlty
If
(c) The hear1ng shall b~ h~ld before a hearlng panel of three
members as appolnted by the C1ty Ma~ager The ~embers shall con-
SlSt of a veter1narlan, Ii physlclan, and a m~~ber of the Clty'S
staff The hearlng panel shall not b~ bound by technlcal rules of
ev1dence, but shall conduct the hearlng Infor~ally In accordance
~lth procedures to 1nsure an orderly ~earlng All persons wlsh1ng
or called to glve test1~ony shall b~ sworn and ~ar be qu~st1oned
by the panel, the co~pla1na~t, and the owner of the an1~al co~-
plalned of The hear1ng panel ~ay recelV~, el1Clt, and conslder
all e\l'ldence It conslders relevant on the Issue of whether the
anl~al co~plalned of would be a dan!!~r to the co~mun1ty If not
destrored, Includlng, but not 11~lted t~, th~ follow1ng
Sec
1
The ser1~usness of the littack or b1tlng and the
attendant ~ed1cal treat~ent, If anr
2
Any pr1or Incldents ~f attac\(s 01" bltlng br the
an1~al compla1ned of, whlle th~ anlmal was
runn1ng at large or restralned In a publ1C place,
so as to Indlcate the pot~ntlal danger the anl~al
~ar pose to the c~~munlty If not destrored
3
Whether the attack or bltlng was the result of
so~e provocatlon or clrcumstance that IS, or 1S
not, llkely to reoccur In th~ future
4-47
Determ1natlon and Order
(a) The hearing panel shall, wlth1n three (3) buSlness days
of the conclus1on of the hear1ng, Issue ItS wrltten flnd1ngs of
fact and an order
(b) If the panel flnds that the anlmal co~pla1ned of attacked
or blt a person or a~other anlmal Whll~ runnlng at large, or
Whlle restra1ned 1n a publ1c place, then the panel shall ~ake a
further flndlng and 1ssue ItS order as follows
1
Thlit the an1~al would be a danger to the co~~unlty
If not destr~yed, and therefore shall be destroyed
PAGE S
2
That the anl~al would not, under speclfled condl-
t 10ns Imposed for the saf ekeep1ng of the anl~a 1,
cl~arly constl tute such a contlnulng danger to
the com~unlty liS to warrant ItS destructlon In
that case, the panel shall order the anlmal re-
turn~d to the own~r If the ~wner agrees, 1n
wr1tlng wlthln two buS1ness days of the Issua~ce
of the declslon, to ablde b)' the wrltten condl-
t1ons l~p~sed by the panel for the safekeeplng of
the an1mal Should the ~wner fall to agree to
the condl t1ons 1mposed, then the linl~al shall be
destroyed
3
That the anl~al would not, because of the Clrcum-
stances of the bltlng or attac~, constltute a
cont1nulng danger to the co~~unlty, and th~refor~
shall be returned to the owner
(c) If the plinel f1nds that the an1~al co~plalned of dld not
attack or b1t~ a person or another anlmal, or that the bltlng or
attac~, If any, d1d not occur whlle the an1mlil \I1as runnlng at
large, or \I1hlle restra1ned In a publlC place, the~ th~ panel shall
or~er the an1~al returned to the O\l1ne~
(d) In an)' case where the panel orders the anlmal returned to
the owner, th~ anl~al shall not be released, If Impounded at the
Clty'S An1~al Control Center, except upon the p~)'~e~t of all
l~pound~ent fees as provlded for In Artlcle III of thlS chapter
If the anl~al IS l~pounded pursuant to a '1uarantln~ f~~ ~able!;,
as provlde~ by thlS chapter or stat~ la\l1, 1 t may continue to be
held for the duratlon of the requlred tlme
Sec
~-48
Notlce of Order of Destructlon
(Ii) If an anl~al IS ord~red destroyed In accordanc~ wlth
s~ctlon 4-47, a copy of the panel's flndlngs and order shall be
glven to the O\l1ner of the an1~al, If known, by personal serVlce,
or by leavlnJ;¡ a copy at the last known address of the owner,
wlthln two (2) bUSlness days of the Issuance of the flndl~gs and
order The order shall stat~ that the anlmal wlll be destroyed
no so~ner than forty-elght (48) hours fro~ the t1me and date the
order IS served or dellvered, unless such destructlon 1S en)olned
b)' order of a court of co~petent )urlsdlctlon The offlcer or
e~pl~yee shall n~te up~n the copy of the order served or dellvered
the ti~e and date of serVlce or del1very A copy of the order,
showlng the dlite and t1~e of serVlce or dellvery, shall be
retalned by the off1cer or e~ployee
PAGE 6
Sec
4-49
Hear1ng on Breach of Condltlons
If, lifter the hearlng panel orders th!J release of an anlmal
upon speclf1ed condlt1ons for the safekeeplng of the anlmal, as
prov1ded for 1n sectlon 4-47, the An1~al Control Center has reason
to believe that a vlolat1on of one or ~ore of the condltlons
l~posed hils occurred, 1t shall report the vlolatlon to the Clt)'
Manager, who shall schedule a hearlng before the hear1ng pan!Jl
The hear1ng shall be ~eld and notlce glven, as approprlat!J to the
purpose of thlS sect1~n, In s~bstantlal co~pllance wlth the
provls1ons of Sectlon 4-46 If the panel flnds thllt a vlolatlon
of one ~r ~ore of the condl t 10ns l~posed has occurred, 1 t shall
1ssue It!ò order that the an1~al be destroyed Notlce of th!J
panel's order shall be glven In accordance wlth sectlon 4-4~
Sec
4-S0
I~pound~ent, Surrender for Destructlon
(a) If the C1ty Manager Issues an order of l~pound~ent 1n
accordance wlth sect1on 4-4S, the o\<'ner or person havlng control
of the II.nl~al Shllll, upon presentatlon of a true and correct copy
of th~ order by an offlc!Jr or e~ployee of the Clty, elther
surrender the IIn1~al to the offlcer or employee for l~pound~ent
at the Clty's An1~al Control Center, or, ha~e the an1~al l~pounded
wlth a kennel, veterlnllrlan, or other bus1ness that pro~ldes for
the keep1ng ~f anl~als, w1th1n t\<'enty-four (24) hours of the t1~e
not1ce of the order 1S glven If the anl~al IS not surrender!Jd
for l~pound~ent at the C1ty'S An1~al Control Center, the owner
shall, \<'lthln tW!Jnty-four (24) hours of serV1C!J of th!J Illlp~und-
ment ~rder, d!Jl1ver \<'rltten notlce to the Anlmal Control Center
of the na~e and address of the buSlness where the anl~al IS
l~pounde(\ The own!Jr shall not remo~e or cause the r!Jmova 1 of
the a~l~al fro~ the place l~pounded untll and unless an order IS
entered pr~vld1ng for the release of the anlmal to th!J owner In
accordanc!J \<'lth sect1on ~-47
(b) If the anlmal 1S not l~pounded at the Clty'S Anlmal
Contr~l Center, and the anl~al 1S ordered destroyed In accordance
w1th sect1on 4-~7, an off1cer or e~ployee of the Clty shall
presellt a true copy of the order to any person In a~thorl ty at
the bUS1nes!ò where the anl~al IS Impounded, who shall Im~!Jd1Ilt!Jly
surrender the an1~lIl t~ the offlcer or !J~ployee, wlthout the
pay~ent of any fees or chllr¡¡es owed for the care or keep1ng of
the an1~al
It shall be unla\<'ful for any person to r!Jfuse to surrend!Jr to
an)' ~ff1cer or e~ployee of the Cl ty any anl~al for \<'h1Ch an
Impound~ent order has been Issued, upon presentatlon of a true
co~y of the l~pound~ellt ~rder
PAGE 7
SECTION IV
That
follows
sectlon 4-S1
(e)
of chlipt ~r
4
IS
amended
to read
as
(e) No anllllal Illlpounde¡! at the Clty'S Anllllal Control Center
by vlrtue ~f thlS chapter ~hall be released to th~ owner, or the
owner's liuthor1zed agent, unt1l all such costs and fees ha~e been
pa1d and untll the person applY1~g for the release of such anllllal
shall have slgned an aff1dav1t to the effect that the person IS
thl! owner ~f the a~llllal, or the owner's authorlzed agent, and
entltled to possesslon thereof, prov1ded, however, any anlmal
1lllpounded at the C1ty'S Anllllal Control Center pursuant t~ an
Illlpoundlllent order 1ssued under sectlon 4-~6 and subsl!quently
orderl!d returned to the ~w~er under sectlon ~-47 (c), shall be
released to the owner w1thout the paYlllent of any Illlpoundlllent or
handl1ng fees
SECTION V
That If liny sect1on, subsect1on, paragraph, sentence, clause,
phrase or word In thlS ord1nlince, or appllcatlon thereof to any
person ~r clrculllstance IS held 1nvalld by any c~urt of colllpetent
)UrISdlct1on, such holdlng shall not affect the val1dlty of the
relllalnlng portlons of th1S ordlnance, and the Clty Counc1l of the
C1ty of Denton, Texas, hereby declares It ~ould have enacted such
rema1ning portlons desplte any such 1nvalldlty
SECTION VI
Thlit anr person v1olat1ng any of the provlSlons of th1S
ord1nance Shlill, upo~ conv1ctl~n, be flned a SUIll not exCeedlng
Two Hundred Dollars ($200 00), and each day and every dar that
the provlS1ons of thlS ~rd1nance are vlolated shall constltute a
separate and dlst1nct offense Th1S penalty 1S In addl tlon to
and culllullit1~e of, any other rellledles as lIlar be avallable at law
a~d equ1 tr
SECTION VI I
That thlS ordlnance shall becollle effectlve fourteen (14) days
frolll the date of 1 ts passage. and the Cl ty Secretary IS hereby
d1rected to cause the capt1on of thlS ordlnance to be publ1shed
tW1C~ 1n the Dent~n Record-Chr~nlcl~, the offlClal ne~spaper of
the City of Dento~, Texas, wlthln ten (10) days of the date of
1tS plissage
PAGE ¡¡
PASSED AND APPROVED thlS the !.!l!!: day of ~.J~, 1987
ATTEST
APPROV~D AS TO LEGAL FORM
DEBRA ADAMI DRAYOVIT~H, ~ITY ATTORNEY
CITY OF DENT~N, TEXAS
BY
~~~'~
PAGE 9