2008-059.._ .
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ORDINANCE NO. 2008- Q~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE PROVISIONS
OF CHAPTER 6 BY AMENDING SECTION 6-2 DEFINITIONS TO ADD DEFINITIONS
RELATED TO FERAL CATS; BY ADDING ARTICLE III REGULATING FERAL CAT
COLONIES; PROVIDING FOR A SEVERABIL[TY CLAUSE; PROVIDING FOR A
SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $500 FOR
VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Chapter 6 "Animals" of the Code of Ordinances of Denton, Texas is
hereby amended by amending Section 6-2 to add the following terms to the list of defined terms:
EAID, feral cat, feral cat caretaker, and feral cat colony. Section 6-2 shall read as follows:
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.
Ahandon 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 control officer 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.
Animal control center- or shelter means achy-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 anima] matter
that causes foul odors, attracts vermin or encourages their reproduction.
At large or running at large means an animal not kept within an enclosure or fenced area
or restrained by a leash of sufficient strength and length to control the actions of said animal.
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 an animal of the feline species, both male and female.
Circus or carnival means a commercial variety show featuring animal acts for public
entertainment.
City means the City of Denton, Texas.,
Commercial kennel means any premise wherein any person engages in the business of
boarding, breeding, buying, letting for hire, training for a fee or selling dogs and cats.
Dangerous animal means a dog that makes an unprovoked attack on a person, or a
domestic animal, that causes bodily injury.
Dog means an animal of the canine species, both male and female.
Domestic animal means all species of animals commonly and universally accepted as
being domesticated.
EAID means electronic animal identification device commonly referred to as a microchip.
Equestrian developments means residential developments which are designed to
accommodate equestrian activities and which provide such facilities as community stables, riding
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rings, pastures, and riding trails. In addition, private stables may be located on individual
residential lots.
Estray means any stray livestock.
Feral Cut means a cat that is (1) born in the wild or is the offspring of an owned or feral
cat and is not socialized, (2) is a formerly owned cat that has been abandoned and is no longer
socialized, or (3) lives on a farm.
Feral Cat Caretaker means a person other than the owner, who provides food, water or
shelter to, or otherwise cares for, a feral cat.
Feral Cat Colony means a group of cats that congregates, more or less, together as a unit.
Although not every cat in a colony maybe feral, any non-feral cats that congregate with a colony
shall be deemed to be a part of it.
Ferret means a domesticated animal of the 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
control 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 control 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 days, or
protection from impoundment.
Hybrid means the offspring of two animals of different species.
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 control officer: bovine, equine, goats, sheep, swine.
Owner 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.
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 Helodermatidea (the venomous lizards); family Viperidae
(rattlesnakes, pit vipers and true vipers); family Elapidae (coral snakes, cobras and mambas);
family Colubridae--Dispholidus typuss (boomsland), Cyclagras gigas (water cobra) and Bioga
dendrophila (mangrove snake) only; order Phidia (racers, boas, water snakes and pythons); order
Crocodilia (crocodiles, alligators, caimans and gavials);
(2) Class Aves. Subdivision Ratitae (such as ostriches, rheas, cassowaries and emus);
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(3) Class Mammalia. Order Chiroptera, including bats; Order Camivora, family Felidae (such
as ocelots, margays, tigers, jaguars, leopards and cougars), except commonly accepted
domesticated cats; family Canidae (such as wolves, dingos, 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, or reptile families Leptolyphlopidae 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, harborer or person otherwise in possession of animal incapable of maintaining
control of, or caring for, the animal.
Puhlic 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 animal suspected of being
rabid in a closed cage or pen in a manner that prevents physical contact between the animal and
all other animals and humans.
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 harborer,
which is found to be at large within the corporate limits of the city.
Strict isolation means to confine an animal in a closed cage or pen in a manner which
prevents physical contact with other animals or people for a period of time specified by the
animal control officer.
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. Any tethering device used to tether an animal must be at
least ten (10) feet in length.
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, destmctive, or injurious to health.
SECTION 2. Chapter 6 "Animals" of the Code of Ordinances of Denton, Texas is
hereby amended by adding Article III titled Feral Cats and including Sections 6-40 through 6-48.
Article III shall read as follows:
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ARTICLE III.
Sec. 6-40. Feral cat colonies.
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, shelter and other forms of
sustenance, provided that the feral cat colonies are registered with the Animal Services
Department.
Sec. 6-4]. Registration of Feral Cat Colonies
Each Feral Cat Colony within the city limits must be registered annually with the Animal
Services Department. This registration shall include:
1. The name and contact information for the primary colony caretaker.
2. The location of the feral cat colony.
3. The number of cats in the colony.
4. Documentation showing the number of cats that have been micro chipped, spayed or
neutered, and vaccinated in the colony in the past year.
Sec. 6-42. Oversight Committee
The Animal Services Supervisor shall appoint a committee of three individuals to assist
with the management of feral cat colonies within the city limits. Two committee
members shall have prior experience in managing and/or educating the public about feral
cat colonies. The third member of the committee shall be a licensed veterinarian. This
committee will assist the Animal Services Supervisor with:
1. Ensuring that the registered caretakers are operating within the requirements of this
ordinance,
2. Resolving conflicts or complaints over the conduct of a feral cat colony caretaker or
of any cats within a colony.
3. Determining the disposition of an abandoned feral cat colony.
4. Establishing and reviewing written minimum educational standards for all registered
colony caretakers.
5. Establishing and reviewing the procedures for feral cat colony maintenance.
Sec. 6-43. Feral Cat Colony Caretaker Responsibilities
All registered feral cat colony caretakers are responsible for the following:
1. Registering the colony with the Animal Services Department.
2. Successfully completing the annual Department-approved educational course for
Feral Cat Colony Caretakers.
3. Taking all appropriate and reasonable steps to have the colony population vaccinated
for rabies in accordance with 6-XX of this Code.
4. Taking all appropriate steps to have the colony population spayed or neutered by a
licensed veterinarian.
5. Having an EAID inserted into each colony cat by a veterinarian in accordance with
professional medical standards. The caretaker shall be the named contact for the
EAID.
6. Maintaining appropriate documentation on each colony cat showing records for spay
or neuter, vaccination, and EAID.
7. Providing food, water and, if feasible, shelter for colony cats.
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8. Obtaining proper medical attention for any colony cat that appears to require it.
9. Obtaining written authorization from the appropriate property owner to enter on to
private property to provide colony care.
10. Notifying the Department within 7 days of any change in address or contact
information for the caretaker.
11. Following the written procedures for colony maintenance as established under this
ordinance by the Oversight Committee.
Sec. 6-44. Withdrawal of Feral Cat Colony Caretaker
In the event a registered caretaker is unable or unwilling to continue their duties with a
colony, the caretaker must notify the Animal Services Department in writing. If no
replacement caretaker is readily available, the Animal Services Supervisor will meet with
the Oversight Committee to determine the disposition of the abandoned feral cat colony.
Sec. 6-45. Disposition of Feral Cat Colony Cats
Any cat that is trapped within the city limits will be scanned for an EAID. If a trapped cat
shows to be registered to a feral cat colony, the Animal Services Department will notify
the registered caretaker. The caretaker must:
1. Retrieve the colony cat from the shelter within 3 days, or
2. Inform the Animal Services Department that they do not intend to reclaim the cat.
Sec.6-46. Enforcement
1. The establishment of feral cat colonies does not diminish the right for individual
private property owners to trap and remove stray animals from their property in
accordance with established procedures of the Animal Services Department.
2. Feral Cat colony cats that are repeatedly trapped on private property or otherwise
cause a continued nuisance will be reported to the registered caretaker. The caretaker
will be provided 30 days to resolve the issue. In the event the caretaker is unable to
resolve the problem, the Animal Services Supervisor will discuss the disposition of
the cat with the oversight committee.
3. Feral Cat colony cats that are trapped on private property do not constitute a violation
of Chapter 6-8 regarding unrestrained animals and the registered caretaker is not
subject to the implementation of a fine under that provision.
Sec. 6-47. Non-Compliant Colony Caretaker
A feral cat colony caretaker that repeatedly fails to manage a colony or otherwise
continues to act in a manner that is not in compliance with this ordinance may be
prohibited from serving as a feral cat colony caretaker. Such decision will be at the
discretion of the Animal Services Supervisor with the advice of the Oversight
Committee.
Sec. 6-48. Existing Feral Cat Colonies
Feral Cats who were spayed or neutered and vaccinated for rabies prior to the date on
which this ordinance became effective, but did not have an EAID inserted, shall be
deemed to be in compliance with this ordinance provided that the colony caretaker
provides the Animal Services Department with a description of the individual cat. Feral
Cat Colony Caretakers shall take all appropriate steps to bring these cats in to compliance
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with this ordinance within three years, or upon revaccination of the cats for rabies,
whichever comes first.
SECTION 3. 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 effect the validity of the remaining portions of
this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have
enacted such remaining portions despite any invalidity.
SECTION 4. Save and except as. amended hereby, all the provisions, sections,
subsections paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain
in full force and effect.
SECTION 5. Any person found guilty of violating this ordinance by a court of
competent jurisdiction shall be fined a sum not to exceed five hundred dollars ($500) per day.
Each day that a provision of this ordinance is violated shall constitute a separate offense.
SECTION 6. This ordinance providing for a penalty 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, the official newspaper
of the City of Denton, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the day of_~~, 2008
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY: ~~ f
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