1981-0104603
NO ~| - %0
AN ORDINANCE AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES OF
THE CITY OF DENTON, TEXAS, IN ITS ENTIRETY BY PROVIDING A SHORT
TITLE, DEFINING TERMS, ESTABLISHING AN ANIMAL CONTROL CENTER,
ENFORCEMENT RESPONSIBILITY, AUTHORITY OF THE ANIMAL CONTROL
OFFICER TO ISSUE CITATIONS, KILL, IMPOUND OR DESTROY ANIMALS,
AUTHORITY OF PRIVATE PERSON TO IMPOUND STRAY ANIMALS, PROHIBIT
AND REGULATE THE BREEDING OF CERTAIN ANIMALS, HERDING OF
ANIMALS, AND KEEPING OF CERTAIN LIVESTOCK, PROHIBIT THE KILLING
OF BIRDS IN THE CITY EXCEPT BY PERMISSION OF THE CITY COUNCIL,
PROHIBIT THE INJURING OR CAPTURING OF ANIMALS ON PUBLIC
PROPERTY, REGULATING THE KEEPING OF FOWL AND PIGEONS IN THE
CITY, PROHIBITING THE SALE OR COLORING OF CERTAIN ANIMALS,
REGULATING PERFORMING ANIMAL EXHIBITIONS, PROHIBITING THE
ABANDONMENT OF ANIMALS, REGULATING THE KEEPING OF PROHIBITED
ANIMALS IN THE CITY AND ESTABLISHING A PERMIT PROCEDURE,
PROHIBITING CERTAIN UNREASONABLE ANIMAL NOISE AND ESTABLISHING
A PROCEDURE FOR HANDLING OF ANIMAL COMPLAINTS, PROVIDING FOR
ANIMAL QUARANTINE, REQUIRING VACCINATION OF DOGS AND CATS,
PERMITING ADOPTION OF DOGS AND CATS FROM THE ANIMAL CONTROL
CENTER UNDER CERTAIN GUIDELINES, ESTABLISHING A VICIOUS DOG
PROCEDURE, IMPOUNDMENT FEES AND RECORDS, REDEMPTION PERIOD FOR
ANIMALS, PROVIDING FOR A FINE OF NOT MORE THAN TWO HUNDRED
DOLLARS ($200 00) FOR EACH VIOLATION HEREOF, PROVIDING A
SAVINGS CLAUSE, PROVIDING A SEVERABILITY CLAUSE, PROVIDING FOR
PUBLICATION AND DECLARING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I
That Chapter 4 of the Code of Ordinances of the City of
Denton, Texas, as amended, is hereby amended in ~ts entirety to
read as follows
CHAPTER 4
ANIMALS
TABLE OF CONTENTS
Section 4-1 Short T~tle
Section 4-2 Definitions
Section 4-3 Animal Control Center Established
Section 4-4 Enforcement
Section 4-5 Authority to Kill, Impound, or Destroy
Animals
Section 4-6 Confinement of Animals by Individual
Section 4-7 Stray Animals
Section 4-7 1 Same-Duty of Officers to Impound
Section 4-8 Breeding of Certain Animals Prohibited
Section 4-9 Herding Prohibited
Section 4-10 Keeping of Certain Stock
Section 4-11 Enclosure Required in Keeping Certain
Animals
Section 4-12 K~lllng of B~rds
Section 4-13 Injuring, Capturing or K~lllng Animals on
Public Property
Section 4-14 Keeping of Fowl
Section 4-15 P~geons
Section 4-16 Sale or Coloring of Certain Animals
Section 4-17 Performing Animal Exhibitions
Section 4-18 Abandonment of Animals
Section 4-19 Prohibited Animals, Permit
Section 4-19 1 Revocation
Section 4-19 2 Appeal from Denial or Revocation
Section 4-20 Animal Noise, Waste, Keeping of Bees
Section 4-21 Internal Procedure for Animal Complaints
Under Section 4-20(a)
Section 4-22 Reporting Animal Bite, Animal Under
Quarantine, Rabies Suspect
Section 4-22 1 Animal Quarantine
Section 4-22 2 Rabies Quarantine, Confinement,
Disposition
Sections 4-23/30 Reserved
Sectlon 4-31 Vaccination of Dogs & Cats
Section 4-32 Adoption of Dogs & Cats
Section 4-33 Release of Impounded Dogs & Cats, Fees
Sections 4-34/40 Reserved
Section 4-41 Vicious Dog - Procedure & Hearing
Section 4-42 Failure to Release or Remove Dog
Sections 4-43/50 Reserved
Section 4-51 Impoundment Fees
Section 4-52 Impoundment Records
Section 4-53 Redemption Period of Animals
Sections 4-54/60 Reserved
ARTICLE I GENERAL
SECTION 4-1 SHORT TITLE
This Chapter may be cited as the Denton Animal Control
Ordinance
SECTION 4-2 DEFINITIONS
In thls Chapter the following definItions shall apply
unless clearly ~nd~cated to the contrary
1 "C~ty Manager" means the chief executive officer and
head of the administrative branch of the city government or
authorized representatlve
2 "Animal Control Officer" means the person or persons
designated by the City Manager to represent and act for the
C~ty of Denton in the Impoundment of animals, controlling of
stray animals and as otherwise required in this chapter
3 "Owner" means any person who has title to any animal,
harbors or keeps any animal ~n h~s possession, or who permits
any anlmal to remain on or about his premises
4 "Person" means any individual, corporation, or
association
5 "Possession" means actual care, custody, control or
management
6 "Public Place" means any place to which the public or a
substantial group of the public has access and includes, but ~s
not limited to streets, sldewalks, highways, alleyways, parks,
and the common areas of schools, hospitals, apartment houses,
office bulldlngs, transport facllltles, and shops
7 "Animal", unless otherwise stated, includes birds,
fish, mammals (excluding human beings), and reptlles
8 "Stray" means to wander upon a public place or the
property of another person
9 "Vicious Animal" means any animal which without
reasonable provocation attacks other animals, or has bitten or
physically attacked a human being
10 "Prohibited Animal" means an animal not normally
considered domesticated, including but not l~mlted to the
following
PAGE 2
(a) Class Reptilia Family Helodermatldea (The Venomous
Lizards), Family Vlperldae (Rattlesnakes, Pit Vipers and True
Vipers), Family Elapldae (Coral gnakes, Cobras and Mambas),
Family Colubrldae - Dlspholldus typus (Boomsland), Cyclagras
glgas (Water Cobra) and Bolga dendrophlla (Mangrove gnake)
only, Order Phldla (Racers, Boas, Water Snakes, and Pythons),
Order Crocodllla (Crocodiles, Alligators, Caimans and Gavlals),
(b) The following members of the Class Aves qubdlvlslon
Ratltae (such as ostriches, rheas, cassowaries and emus),
(c) Class Mammalla Order Carnivora, Family Felldae (such
as ocelots, margays, tigers, ]aguars, leopards and cougars),
except commonly accepted domesticated cats, the Family Canldae
(such as wolves, dlngos, coyotes and jackals), except
domesticated dogs, Family Mustelldae, (such as weasels,
martins, mink, badgers), Family Procyontdae (racoon), Family
Ursldae (such as bears), and Order Marsupla]la (such as
kangaroos and common opossums), Order Edentata (such as sloths,
anteaters, and armadillos), Order Proboscldea (elephants),
Order Primata (such as monkeys, chimpanzees and gorillas),
Order Rodentla (such as porcupines), and Order Ungulata (such
as antelope, deer, bison and camels)
Prohibited animal does not mean a pslttaclne bird,
canary, finch, hamster, guinea pig, rat, mouse,
gerbil, or reptile families Leptotyphlopldae and
Colubridae
11 "Premises" means the grounds and all buildings and
appurtenances pertaining to the grounds, including any adjacent
premises if they are directly or indirectly under the control
of the same person
12 "Enter" means the intrusion of the entire body
13 "Building" means any enclosed structure intended for
use or occupation as a habitation
14 "Habitation" means a structure that is adopted for the
overnight accommodation of persons, and includes
(a) Each separately secured or occupied portion of the
structure, and
(b) Each structure appurtenant to or connected with the
structure
15 "Livestock" means domesticated animals normally kept
for farm purposes including, but not limited to cattle, horses,
sheep, goats and pigs
SECTION 4-3 ANIMAL CONTROL CENTER ESTABLISHED
The City Council shall select and establish facilities in
the City of Denton for impoundment, adoption, maintenance, and
destruction of stray, diseased, or vicious animals
SECTION 4-4 ENFORCEMENT
1 Enforcement of this ordinance shall be the
responsibility of the City Manager
2 The Animal Control Officer shall have the authority to
issue citations for any violation of this ordinance
(a) It shall be unlawful for any person upon being issued a
citation to intentionally or knowingly give the Animal Control
Officer other than his true name and address
PAGE 3
(b) It shall be unlawful to intentionally or knowingly fa~l
to appear ~n accordance w~th the terms of a c~tat~on ~ssued by
the Animal Control Officer
S If the person being c~ted ~s not present, the Animal
Control Officer may send the c~tat~on to the alleged offender
by certified or registered ma~l, return receipt requested
4 It shall be unlawful for any person to ~ntent~onally or
knowingly interfere w~th the Animal Control Officer ~n the
performance of his duties
SECTION 4-5 AUTHORITY TO KILL, IMPOUND, OR DESTROY ANIMALS
The Animal Control Officer ~s authorized to
1 K~ll an animal which poses an ~mm~nent danger to a
person or property and a real or apparent necessity exists for
destruction of the animal,
2 Impound an animal which ~s d~seased and endangers the
health of a person or another anlmal,
5 Destroy an ~mpounded animal at the Animal Control
Center ~f the Animal Control Officer determines that recovery
of the animal from ln3ury, disease, or sickness is in serious
doubt
SECTION 4-6 CONFINPAIENT OF ANIMALS BY INDIVIDUAL
If a stray animal ~s found upon the premises of another,
the occupant of the premises may confine the animal only for so
long as reasonably necessary to not~fy the Animal Control
Center and have the animal ~mpounded In attempting to confine
the animal, the occupant shall not use any force that ~s
intended or known by the occupant to cause, or ~n the manner of
~ts use or ~ntended use ~s capable of causing, death or ~n3ury
to the animal
SECTION 477 STRAY ANIMALS
Without regard to his mental state, an owner of an animal
commits an offense ~f the owner falls to restrain the animal ~n
a fenced yard, enclosed structure, or by a leash and the animal
strays
SECTION 4-7 1 SAME- DUTY OF OFFICERS TO IMPOUND
The Animal Control Officer ~s authorized to ~mpound any
animal which strays in the c~ty and may ~mpound any animal
which has been confined under Section 4-6 of th~s chapter In
the event a stray animal ~s on private property, the ~mpound~ng
officer may enter upon the property for the purpose of
impoundment or ~ssuance of a c~tat~on, or both Prowded,
however, no Animal Control Officer shall enter a bmld~ng upon
private property for the purpose of ~mpoundment or issuance of
a c~tatlon w~thout the effective consent of the owner, the
order of a magistrate as defined by the Texas Code of Criminal
Procedure, as amended, or as otherwise allowed by law
SECTION 4-8 BREEDING OF CERTAIN ANIMALS PROHIBITED
It shall be unlawful for any person to ~ntent~onally or
knowingly keep for breeding purposes or employ for breeding
purposes any 3ack, bull, stall~on, ram, be-goat or other
l~vestock w~th~n the corporate l~m~ts of the C~ty
SECTION 4-9 HERDING PROHIBITED
It shall be unlawful for any person to ~ntent~onally or
knowingly move herds of animals along or upon any public place
PAGE 4
w~thzn the corporate limits of the C~ty without the perm~sszon
of the Czty Council, except that th~s section shall not be
applzcable to any officer, agent or employee of the federal,
state or local government ~f such herding zs done zn the
performance of hzs official dutzes
SECTION 4-10 KEEPING OF CERTAIN LIVESTOCK
Hogs It shall be unlawful for any person to ~ntent~onally
or knowingly feed, or keep any speczes of swzne zn any lot,
pen, building, stable or other enclosure zn the czty, any part
of which lot, pen, building, stable or other enclosure zs
nearer than one thousand (1,000) feet to any buzldzng
Other Animals It shall be unlawful for any person to
~ntentlonally or knowingly feed, stable, pasture or keep any
cow, goat, horse, mule, donkey or sheep zn any lot, pen,
building, stable or other enclosure ~n the c~ty, any part of
whzch lot, pen, building, stable or other enclosure cs w~th~n
two hundred (200) feet of any building
SBCTION 4-11 ENCLOSURE REQUIRED IN KBBPING CERTAIN ANIMALS
(a) S~ze of Lots It shall hereafter be unlawful for any
person to intentionally or knowingly stable, pasture, feed, or
keep any hog, p~g, cow, goat, horse, mule, donkey or sheep ~n
any lot, pen, building, stable or other enclosure ~n the c~ty,
smaller cn s~ze and d~mens~ons than ~s required by the
following specifications
For one cow, sheep, goat, horse, mule, donkey, hog
or p~g, a lot, pen, bu~ldcng or other enclosure of
not less than four hundred (400) square feet shall
be required For each additional cow, sheep,
goat, mule, donkey, hog or p~g, ~n any such lot,
pen, building or other enclosure, an additional
four hundred (400) square feet shall be required
[b) Manure Boxes Bach and every lot, pen, building,
stable or other enclosure ~n the c~ty ~n which any of the
above-named animals or other related species are kept, fed,
bred, stabled, pastured or housed shall have a manure box not
less than four (4) feet square and not less than three (5) feet
deep in which all manure and droppings shall be placed each
day Bach such box shall be securely screened or otherwise
protected from fl~es, vermin and rodents and shall be
thoroughly cleaned out and d~slnfected at least once each
week It shall be unlawful to p~le or stack manure ~n open
stacks ~n the c~ty
SBCTION 4-12 KILLING OF BIRDS
It shall be unlawful for any person to ~ntent~onally k~ll,
~n3ure, or administer poison to any b~rd whatsoever w~th~n the
c~ty l~m~ts w~thout the permission of the C~ty Council
SBCTION 4-15 INJURING, CAPTURING OR KILLING ANIMALS ON
PUBLIC PROPERTY
Except as may be otherwise prowded ~n th~s chapter, ~t
shall be unlawful to ~ntent~onally or knowingly ~nterfere w~th,
~n3ure, capture or k~ll any animal w~th~n any public park,
driveway, street or other public property of the c~ty except by
permission of the C~ty Council, prowded, that th~s section
shall not apply to harmful rodents, reptiles or ~nsects
SECTION 4-14 KEBPING OF FOWL
It shall be unlawful for any person to ~ntent~onally or
knowingly keep any chicken, turkey, guinea, geese, duck, quail,
pheasant or other game fowl ~n any fenced yard or enclosure any
PAGE S
part of which is wxthxn two hundred (200) feet of any bu~ldxng
~n the City
SECTION 4-1S PIGEONS
(a) It shall be unlawful for any person who owns a pigeon
to ~ntent~onally allow the pigeon to stray ~n the c~ty
(b) It ~s a defense to prosecution under Subsection (a) of
th~s section that the b~rd was an Antwerp Messenger, homing, or
carrier p~geon and was ~dentlf~ed or marked as the owner's
property
(c) It shall be unlawful for any person to knowingly be ~n
possession of more than twenty-f~ve (25) p~geons on any
premises w~thln the c~ty
(d) It shall be unlawful for any person to knowingly keep
the enclosure ~n which such p~geons are confined ~n such a
manner so as to give off odors offensive to persons of ordinary
sensibilities residing ~n the wcln~ty, or to breed or attract
fl~es, mosqmtoes, or other noxious ~nsects, or, allow such
p~geons to cause considerable no~se to the annoyance and
discomfort of surrounding neighbors so that the reasonable use
and enjoyment of their property ~s d~sturbed or, ~n any manner,
to endanger the public health or safety, or otherwise create a
public nuisance
SECTION 4-16 SALE OR COLORING OF CERTAIN ANIMALS
(a) It shall be unlawful for any person to knowingly sell,
offer for sale exchange or give away any chicken, duckling or
other fowl, rabb~t, or aquatic turtle, younger than e~ght weeks
of age as a toy, premlmum, novelty or pet unless the manner or
method of d~splay ~s f~rst approved by the Animal Control
Officer
{b) It shall be unlawful for any person to knowingly color,
dye, stain, or otherwise change the natural color of any
chicken, duckling, other fowl, rabb~t, or aquatic turtle, or to
possess for the purpose of sale, exchange, or gift, any of the
abovement~oned animals which have been so colored
SECTION 4-17 PERFORMING ANIMAL EXHIBITIONS
(a) No performing animal exhibition or c~rcus shall be
permitted ~n which an animal ~s ~nduced or encouraged to
perform through the use of a chemical, mechanical, electrical,
or manual dewce ~n a manner which causes, or is l~kely to
cause, physical injury or suffering It ~s a defense to
prosecution under th~s Section that, at the t~me of the conduct
charged, the actor was engaged ~n bona f~de experimentation for
scientific research
(b) All eqmpment used on a performing animal shall f~t
properly and be ~n good working order
SECTION 4-18 ABANDONMENT OF ANIMALS
(a) It shall be unlawful for any person to ~ntent~onally or
knowingly abandon any animal w~th~n the corporate l~m~ts of the
c~ty Any person wolat~ng this section shall bear full cost
and expenses incurred by the c~ty ~n the care of sa~d abandoned
animal and sa~d person shall reimburse to the c~ty all costs
therefor as determined by the Animal Control Officer
(b) It shall be unlawful for any person to ~ntent~onally or
knowingly confine or allow to be confined any animal ~n a motor
vehicle or tra~ler under such conditions or for such per~ods of
t~me as may endanger the health or well-be~ng of the animal due
to heat, lack of food or water or any other c~rcumstances which
PAGE 6
m~ght cause suffering, d~sab~l~ty, or death If the Animal
Control Officer or any police officer of the c~ty has
reasonable grounds to believe that an animal ~s ~n a motor
vehicle or tra~ler under such c~rcumstances, he ~s authorized
to ~mmed~ately ~mpound the sa~d motor vehicle or tra~ler and
enter zt ~f necessary to remove the animal Removed animals
w~ll be taken to the Animal Control Center and ~mpounded
SECTION 4-19 PROHIBITED ANIMALS, PERMIT
(a) A person commits an offense ~f the person owns or
exhibits a prohibited animal w~th~n the c~ty
(b) It ~s an exception to the application of Subsection (a)
~f the owner or exhibitor holds a prohibited animal permit or
~s a governmental entity
(c) A permit for the possession of a prohibited animal may
be ~ssued only to a zoo, research ~nst~tut~on, ~nd~wdual
researcher, public or private primary or secondary school,
performing animal exhibition, rodeo, or c~rcus, of which the
animal ~s an ~ntegral part, ~f the animal ~s restrained from
~nfl~ct~ng ln0ury upon persons, property, or other animals and
adequate provision is made for the care and protection of the
animal A permit may be ~ssued to an ~nd~vldual researcher
only upon the recommendation of a medical ~nst~tut~on or the
d~rector of a research institution
(d) The fee for a permit ~s $10, and the permit ~s valid
for a designated per~od of t~me not to exceed 12 months A
permit may be renewed for the same fee
(e) A permit is ~ssued for one or more animals of an owner
or exhibitor at a s~ngle location
SECTION 4-19 1 REVOCATION
(a) The Animal Control Officer shall revoke a permit to own
or exhibit a prohibited animal w~th~n the c~ty ~f
1 the permit holder fa~ls to property restrain
hls animal, or
2 the permit holder falls to adequately care for
or protect h~s animal
SECTION 4-19 2 APPEAL FROM DENIAL OR REVOCATION
(a) If the Animal Control Officer refuses to ~ssue or renew
a prohibited animal permit, or revokes a permit, he shall send
to the applicant or permit holder by certified ma~l, return
receipt requested, written not~ce of h~s action and a statement
of the r~ght to an appeal The applicant or permit holder may
appeal the decision of the Animal Control Officer to the C~ty
Manager by flllng w~th the C~ty Manager a written request for a
hearing, setting forth the reasons for the appeal, w~thln 10
days after receipt of the notice from the C~ty Manager The
f~llng of a request for an appeal hearing w~th the C~ty Manager
stays any action by the Animal Control Officer to revoke a
permit until the c~ty manager or his designated representative
makes a f~nal decision If a request for an appeal hearing ~s
not made w~th~n the 10 day per~od, the action of the Animal
Control Officer ~s f~nal
(b) The C~ty Manager or h~s representative shall serve as
hearing officer at an appeal hearing and consider ewdence
offered by any ~nterested person The formal rules of ewdence
do not apply at an appeal hearing, the hearing officer shall
make his decision on the basis of a preponderance of the
ewdence presented at the hearing The hearing officer must
render a dec~slon within 30 days after the request for an
PAGE 7
appeal heanng is filed The hearing officer shall affirm,
reverse, or modify the action of the Animal Control Officer,
and his dec~slon ~s f~nal unless the applicant or permit holder
f~les a written request w~th the city secretary for a hearing
before the permit appeal board within 10 days after receipt of
not~ce of the action of the hearing officer A wrztten request
for a hearing before the permzt appeal board stays the action
of the hearing officer ~n revokzng a permit until the appeal
board renders a f~nal dec~szon
(c) If a request for an appeal hearing before the permit
appeal board ~s filed within the 10 day per~od, the c~ty
council shall appoint three c~ty council members to serve as a
permit appeal board and hear and conszder ewdence offered by
any ~nterested person The formal rules of ewdence do not
apply to an appeal hearing before the permit appeal board The
board shall deczde the appeal on the bas~s of a preponderance
of the ewdence presented at the hearing The board shall
affirm, reverse, or modify the action of the hearing officer by
a maoor~ty vote The result of an appeal hearing before the
appeal board is f~nal
SECTION 4-20 ANIMAL NOISE, WASTE, KEEPING OF BEES
It shall be unlawful for any person to knowingly
(a) keep any animal that unreasonably barks, howls, whines,
crows, or makes other unreasonable noise common to its species
near a private residence so that the reasonable use and
enjoyment of such property ~s dzsturbed
(b) keep any animal ~n such a manner as to endanger the
public health by the accumulation of organic body wastes
(c) keep any animal which habitually deposits body wastes
upon or destroys by chewing, scratching, d~gglng or otherwise,
property other than that of the owner of such animal
(d) keep bees in such a manner as to deny the reasonable
use and enjoyment of adjacent property or endanger the personal
health and welfare of the inhabitants of the C~ty of Denton
SECTION 4-21 INTERNAL PROCEDURE FOR ANIMAL COMPLAINTS
UNDER SECTION 4-20(a)
A report allegzng a wolat~on of Section 4-20(a) of th~s
ordinance must be written and s~gned by a person who has
personal knowledge of such wolat~on and who can identify the
owner of the anzmal or the premises where the animal is
located The Animal Control Officer shall ~nvestzgate the
report to determine whether probable cause exists for the
~ssuance of a c~tat~on Prowded, however, that ~nformal
resolution of the complaint may be attempted by the Animal
Control Officer according to the following procedure
(a) Written notice of the report shall be personally served
or sent by certified mall to the alleged wolator w~th a
request to correct the problem
(b) If the complainant not~fles the Animal Control Center
that the problem persists, a final not~ce shall be personally
served or sent by certified ma~l to the alleged wolator
informing said person that an ~nvest~gat~on w~ll be conducted
by the Animal Control Center w~thln seven (7) days of the
receipt of the notice and that if the problem is not corrected
w~th~n th~s time, the v~olator w~ll be requested to appear
before a hearing officer appoznted by the C~ty Manager
(c) If the ~nvest~gat~on shows that the problem persists,
an ~nformal hearing on the complaint shall be held on adequate
not~ce to the part~es and shall be conducted by the animal
PAGE 8
control hearing efficer, with the alleged violator,
complainant, and any witnesses present
{d} The hearing officer shall make written recommendations
concerning what, if any, remedial measures are required If
the violation is not corrected within seven {7) days of the
date of the hearing, a citation requiring a court appearance
shall be issued If the Animal Control Officer issuing the
citation has no personal knowledge of the violation, the
complainant shall be informed that his appearance, along with
any witnesses, shall be required at the court hearing on the
citation
SECTION 4-22 REPORTING ANIMAL BITE, ANIMAL UNDER
QUARANTINE, RABIES SUSPECT
(a) It shall be the duty of any person having knowledge of
an animal bite or scratch to a human that the person could
reasonably foresee as capable of transmitting rabies, or of an
animal that the person suspects is rabid, to report the
incident to the Animal Control Center as soon as possible, but
not later than 24 hours from the time of the ~nc~dent
(bi Every veterinarian having an animal quarantined for a
bite or scratch incident shall submit a written report to the
Animal Control Center describing the condition of the animal on
the initial day of observation, the fifth day, and the tenth
day of observation
(c) Every veterinarian shall report immediately to the
Animal Control Center his diagnosis of any animal observed as a
rabies suspect
SECTION 4-22 1 ANIMAL QUARANTINE
(a) The Animal Control Officer shall have the authority to
order the quarantining of animals responsible for bite or
scratch incidents, or having any zoonotlc disease considered to
be a hazard to the human population or other animals
{b) The owner of an animal that is quarantined under this
Chapter shall pay to the City the reasonable costs of the
quarantine and disposition of the animal, and the city may
bring suit to collect these costs
SECTION 4-22 2 RABIES QUARANTINE, CONFINEMENT, DISPOSITION
(a) When an animal which has bitten or scratched a human
has been identified, or has rabies or is under suspicion of
having rabies, the owner at his sole expense must immediately
place the animal in quarantine at such animal control
facilities specified for this purpose by the Animal Control
Officer The owner shall surrender possession of such animal
to the Animal Control Officer on demand for supervised
quarantine which shall be for not less than ten (10) days
immediately following the time of the bite or scratch incident
(b) The owner of the dog or cat under subsection (a) here~n
may request permission from the Animal Control Officer for home
quarantine if the following criteria are met
1 Secure facilities are available at the home of the
animal's owner, and are approved by the Animal
Control Officer, and
2 The owner has an unexpired rabies certificate for
the animal, and
5 The animal was not in violation of this chapter at
the t~me of the bite or scratch incident
PAGE 9
The wolatlon of home quarantine by any person shall be
Oust cause for seizure and ~mpoundment of the quarantined
animal by the Animal Control Officer
(c) A l~censed veterinarian or the Animal Control Officer
w~ll supervise the quarantine for a m~n~mum ten (10) day
observation per~od during which the quarantined animal's health
status shall be monitored and f~led w~th the Animal Control
Center If no s~n of rabies has a report thereof been
observed at the ena of the quarantine per~od, a release from
quarantine shall be ~ssued to the owner ~n writing and a copy
f~led with the Animal Control Center ~f
1 The owner has an unexpired rabies vaccination
certificate for the animal, or
2 The animal ~s vaccinated against rabies by a
licensed veterinarian at the owner's expense
(d) Unauthorized prohibited animals shall not be placed ~n
quarantine All such animals ~nvolved ~n b~t~ng or scratch
~nc~dents w~ll be humanely destroyed ~n such a manner that the
bra~n ~s not mutilated The head shall be sent to the nearest
laboratory certified to perform the fluorescent antibody test
for rabies
{e) W~thout permission of the Animal Control Officer, ~t
shall be unlawful for any person to kill or remove from the
c~ty limits any animal that has b~tten a person or other
animal, or that has been placed under quarantine, except when
~t ~s necessary to k~ll such animal to protect the l~fe of any
person or other animal
{f) The Animal Control Center shall d~rect the d~spos~t~on
of any animal suspected of being rabid
{g) The carcass of any dead animal exposed to rabies or
suspected of hawng been rabid shall, upon demand, be
surrendered to the Center
(h) Every animal that has been b~tten by another animal
shall be ~mmed~ately confined by the owner who shall promptly
not~fy the Center of the place where such animal ~s confined
and the reason therefor The owner shall not permit such
animal to come ~n contact w~th any person or animal during this
time
Any animal exposed to rabies shall be handled ~n one of the
following manners
1 Humane destruction with notification to, or
under superws~on of the Center, or
2 If not currently vaccinated, quarantine ~n a
veterinary hops~tal for at least s~x (6) months
~mmedlately following the date of the exposure,
or
5 If currently vaccinated, ~mmed~ate
revacclnatlon and quarantine for at least
thirty (30) days Immediately following the date
of the exposure
(x) A person commxts an offense ~f the person knowxngly
fa~ls or refuses to surrender an animal for supervised
quarantining or humane destruction as required herein for
rabies control when demand therefore ~s made by an Animal
Control Officer
(3) Any person hav~ng possession of or responsibility for
any quarantined animal shall ~mmed~ately not~fy the Center ~f
PAGE 10
such anxmal escapes, or becomes or appears to become sick, or
dies, and in case of death of the animal while under quarantine
shall immediately surrender the dead body to the Center for
diagnostic purposes
SECTIONS 4-23 - 4-30 RESERVED
SECTION 4-31 VACCINATION OF DOGS & CATS
(a) The owner of any dog or cat shall have such dog or cat
vaccinated against rabies by the time it is four (4) months of
age and within each subsequent 12-month interval thereafter
After immunization, a licensed veterinarian shall issue to the
owner of the animal a vaccination certificate in a form
approved by the Texas Department of Health and a metal tag to
be worn by the dog or cat on a collar or harness for one year
(b) It shall be unlawful for any person to knowingly use a
certificate of vaccination or tag for any dog or cat other than
the one for which it was issued
(c) A person commits an offense if the person knowingly is
in possession of a dog or cat that has not been vaccinated
against rabies by a licensed veterinarian It is a defense to
prosecution under this section that the dog or cat was younger
than four (4) months of age
SECTION 4-32 ADOPTION OF DOGS & CATS
The Animal Control Center shall be authorized to place for
adoption dogs or cats impounded by the City under the following
conditions
(a) The Animal Control Officer shall be the sole judge as
to whether a dog or cat is healthy enough for adoption
However, such decision by the Animal Control Officer to permit
adoption of a particular dog or cat shall not constitute a
warranty, expressed or implied, of the health or age of the
animal
(b) Dog or Cat Slx (6) Months of Age or Older
1 The adoption fee for adoption of a dog or cat
six (6) months of age or older shall be Ten
Dollars ($10 00)
2 In addition to the adoption fee, if said dog or
cat has not been immunized against the common
canine or feline diseases and permanently
sterilized, the adopting person shall present
to the Animal Control Center a receipt showing
that a licensed veterinarian has been paid a
Fifty Dollar ($50 00) deposit or the full fee,
whichever is less, to have the dog to be
adopted immunized against the common canine
diseases of rabies, distemper, infectious
canine hepatitis, leptosplrosls, paralnfluenza
and parovlous and neutered or spayed, or the
cat to be adopted immunized aglnst the common
feline diseases of rabies, pan]eukopenla
(distemper), viral rhinotracheltls and
caliclvlrus and neutered or spayed
3 Failure to obtain the required Immunization and
sterilization of the dog or cat which is
adopted within three (3) days of the adoption
date shall authorize the relmpoundment of the
animal
PAGE ]1
(c) Dog or Cat Under Slx (6) Months of Age
1 The adoption fee for adoption of a dog or cat
under slx (6) months of age shall be Ten
Dollars ($10 00)
2 In addition to the adoption fee, if ~ald dog or
cat has not been immunized against the common
canine or feline diseases and permanently
sterilized, the vaccinations and sterilization
shall not be required until the animal becomes
of age to receive such treatment as determined
by a licensed veterinarian The dog or cat to
be adopted must be presented to a licensed
veterinarian within three (3) days of the
adoption date for such determlnatlon Further,
the adopting person shall present to the Animal
Control Center a receipt showing (a) that a
l~censed veterinarian has been paid a Flfty
Dollar ($50 00) deposit or the full fee,
whichever is less, to have the dog to be
adopted immunized against the common canine
diseases of rabies, distemper, ~nfectlous
canine hepatitis, leptosplrosls, para~nfluenza
and parov~ous and neutered or spayed, or the
cat to be adopted immunized aglnst the common
feline diseases of rabies, panleukopenla
(distemper), viral rhlnotracheltls and
callcivlrus and neutered or spayed, and, (b)
the approximate dates when said vacclnatlons
and sterilization shall be performed by the
licensed veterinarian
3 Failure to obtain the required vaccinations
within four (4) months of the date of adoption,
or sterilization of the dog or cat which is
adopted wlthtn slx (6) months of the date of
adoption shall authorize the relmpoundment of
the animal
(d) A person commits an offense ~f the person knowingly
fails or refuses to surrender a dog or cat that has been
adopted from the Animal Control Center for a v~olatlon of
Section 4-32(b) or (c) when demand therefore is made by the
Animal Control Offlcer
(e) Any person having possesslon of or responsibility for
an adopted dog or cat from the Animal Control Center shall
Immediately notify the Center if such animal escapes, or
becomes or appears to become sick, or dles before the animal
has been vaccinated against rabies and distemper and spayed,
neutered or otherwise permanently sterilized, and ~n case of
death of the animal, shall immediately surrender the dead body
to the Center for diagnostic purposes
(f) The City Manager ~s authorized to adopt written
administrative policies, regulations and procedures as deemed
necessary to further the intent and conditions listed here~n
for the adoption of dogs and cats from the Animal Control
Center, said policies, regulations and procedures not to
conflict with state law or other provisions of this Chapter
SECTION 4-33 RELEASE OF IMPOUNDED DOGS AND CATS, FEES
To redeem an impounded dog or cat, the owner of the dog or
cat shall
(a) Pay the Animal Control Center all applicable fees and
costs as enumerated in Article III of this Chapter, and
PAGE 12
(b) pay the Animal Control Center, unless the owner has an
unexpired rabies vaccination certificate for the dog or cat, a
rabies vaccination fee for the immunization of the animal by a
licensed veterinarian
SECTIONS 4-34 - 4-40 RESERVED
ARTICLE II VICIOUS DOGS
SECTION 4-41 VICIOUS DOG - PROCEDURE AND HEARING
(a) The Animal Control Center may receive a report
concerning a dog which, while straying, has bitten or attacked
a human being A complainant may file with the Center a
written sworn affidavit which contains the following
information
1 Name, address, and telephone number of
complainant and any other witnesses to the
incident,
2 Date, time, and location of the incident,
3 Description of the dog,
4 Name, address, and telephone number of the dog's
owner, if known, or the premises where the dog
is located,
5 A statement that the dog, while straying, blt or
attacked a human being,
6 A statement that the dog has exhibited vicious
propensities in past conduct, and
7 Other facts or circumstances relating to the
incident
(b) After a sworn affidavit is filed with the Animal Control
Officer, he shall request the City Manager to set a time and
place for a hearing The City Manager shall give notice of the
hearing to the dog's owner by personal service or certified
mall, return receipt requested, at least ten (10) days prior to
the hearing date The notice must include a copy of the sworn
affidavit and a copy of this article After the owner of the
dog receives notice the Animal Control Officer shall impound the
dog specified in the affidavit
(c) The City Manager shall determine at the hearing if the
dog specified in the affidavit should be removed from the city
for the protection of the public health, safety and we]fare of
the community The City Manager shall receive testimony at the
hearing concerning the incident under Investigation To order
removal of the dog for the public health, safety and welfare,
the City Manager must find all the following facts to be true
1 The dog, while straying, bit or attacked a human
being,
2 The dog has exhibited vicious propensities in
past conduct,
3 The impounded dog is the same dog which
committed the acts in (1) and (2) of this
subsection,
4 Removal of the dog from the city is necessary to
preserve the public health, safety, and welfare
of the community
PAGE 13
(d) If the City Manager orders removal of the dog from the
city and the owner is not present at the hearing, he shall
notify the owner of the decision by personal service or
certified mail, return receipt requested If the City Manager
does not order removal of the dog, the Animal Control Center
shall return the dog to the owner upon payment of all daily
handling fees as enumerated in Article III of the Chapter
SECTION 4-42 FAILURE TO RELEASE OR REMOVE DOG
(a) A person commits an offense if the person knowingly
possesses and falls to release to the Animal Control Officer a
dog that has been charged by sworn affidavit as provided in
Section 4-41 of this chapter
(b) A person commits an offense if the person knowingly
possesses and fails to remove a dog determined to be vicious
under Section 4-41 of this Chapter from the corporate limits of
the city
SECTIONS 4-43 - 4 50 RESERVED
ARTICLE III IMPOUNDMENT
SECTION 4-51 IMPOUNDMENT FEES
(a) To redeem an impounded animal, the owner of the animal
shall pay the Animal Control Center the following fees
First Second Third Fourth
Impoundment Impoundment Impoundment Impoundment
i CLASS A Animals $15 O0 $22 50 $33 75 $50 O0
Dogs and cats, fowl,
each animal
2 CLASS B Animals $20 O0 $30 O0 $45 O0 $67 50
Goats, Sheep, lambs,
p~gs, sows, shoats,
calves, foals and animals
of the same approximate
size and weight, each
animal
3 CLASS C Animals $25 00 $37 50 $56 25 $84 50
Cattle, mules, horses,
pontes and animals of
the same approximate
size and weight, each
animal
4 CLASS D Animals $25 O0 $37 50 $56 25 $84 50
Prohib~ted, exotic, or
wzId animals requiring
capture by Center
personnel (if animal
already contained, then
same as CLASS B), each
animel
(b) For purposes of redemption, the number of impoundments
for each animal shall be determined as within a continuous
twelve (12) month period beginning from the date of the first
~mpoundment
(c) A Five Dollar ($5 00) reduction in fees will be made
for each Class A dog and cat
PAGE 1 4
(1) When the animal has not been previously
impounded by the Animal Control Center, and
(2) When the owner has an unexpired rabies
vaccination certificate for the animal, and
(3) When the owner can prove that the animal has
been neutered spayed, or otherwise permanently
sterilized
(d) A daily handllng fee shall be charged for every day or
portion thereof that an animal is kept at the Center Said fee
shall be based upon the class of animal enumerated above in
subsection (a)
CLASS A $2 00
CLASS B $2 00
CLASS C $3 00
CLASS D $3 00
(e) No animal impounded by virtue of this Chapter shall be
released to the owner, or the owner's authorized agent, until
all such costs and fees have been paid and until the person
applying for the release of such animal shall have signed an
affidavit to the effect that he is the owner of said animal, or
the owner's authorized agent, and entitled to possession
thereof
SECTION 4-52 IMPOUNDMENT RECORDS
The Animal Control Center shall keep records which contain
the following information on impounded animals
(1) Description,
(2) Condition of Health,
(3) Date and Time of Impoundment,
(4) Location of Impoundment,
(5) Reason for Impoundment,
(6) Name and Address of Owner, if known,
(7) Date and Time of Release or Destruction
SECTION 4-53 REDEMPTION PERIOD FOR ANIMALS
(a) The redemption period for an impounded animal shall be
based upon the class of animal as enumerated in Section 4-51(a)
1 W~thln ninety-six (96) hours of impoundment for
CLASS A Animals,
2 Within ninety-six (96) hours of impoundment for
CLASS B, C and D Animals
(b) Any animal not redeemed within the t~me perlods
speclfied in subsection (a) above may be humanely destroyed at
the direction of the Animal Control Officer
SECTIONS 4-54 - 4 60 RESERVED
SECTION II
Any person who shall violate a provision of this ordinance,
or fails to comply therewith or w~th any of the requirements
thereof, or of a permit or certificate issued thereunder, shall
be guilty of a misdemeanor punishable by a fine not exceeding
PAGE 15
Two Hundred Dollars ($200 00) Each such person shall be
deemed guilty of a separate offense for each and every day or
portion thereof during which any violation of this ordinance is
committed, or continued, and upon conviction of any such
violations such ~rson shall be punished within the limits
above
SECTION III
That the repeal of any ordinance or any portion thereof by
the preceding sections shall not affect or impair any act done
or right vested or accrued or any proceeding, suit or
prosecution had or co~enced in any cause before such repeal
shall take effect, but every such act done, or right vested or
accrued, or proceedings, suit or prosecution had or commenced
shall remain in full force and effect to all intents or
purposes as if such ordinance or part thereof so repealed had
remained in force
SECTION IV
That if any section, subsection, paragraph, sentence,
clause, phrase or word in this ordinance, or application
thereof to any person or circumstances is held invalid by any
court of competent jurisdiction, such holding shall not affect
the validity of the remaining portions of this ordinance, and
the C~ty Council of the C~ty of Denton, Texas, hereby declares
it would have enacted such remaining portions despite any such
invalidity
SECTION V
That thls ordinance shall become effective slxty (60) 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 ~cord-Chronlcle, the official newspaper of
the City of Denton, Texas, within ten (10) days of the date of
its passage
PASSED ~D APPROVED thls the day of ,
1981
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C J TAYLOR, JR , CITY ATTORNEY
CITY OF DENTON, TEXAS
PAGE 16