2000-460AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 6
RELATING TO ANIMALS BY REPLACING CHAPTER 6, PROVIDING A SEVERABILITY
CLAUSE, A SAVINGS CLAUSE, PROVDING 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, TEXAS HEREBY ORDAINS
SECTION 1 That Chapter 6 "Animals" of the Code of Ordinances of Denton, Texas is
hereby amended to read as follows
Chapter 6
ANIMALS*
ARTICLE I IN GENERAL
Sec 6-1. Short t~tle.
Th~s chapter may be e~ted as the Denton Animal Control Ordmance
Sec. 6-2 Deflmtions.
The following words, terms and phrases, when used m this chapter, shall have the
meanmgs ascribed to them m this sectmn, except where the context clearly ~ndmates a d~£ferent
meamng
"Abandon" means to leave w~thout human supervision, unattended, and without adequate
prommons, for an unspecffied amount of time
"Ammal" means all hvmg creatures, excluding human beings, and where appheable mcludes
b~rds, fish, mammals, and reptiles
"Animal control officer" means the person employed by the city to represent and act for the c~ty
in the tmpoundment of ammals, eontrollmg of stray animals, enforcement of th~s chapter and
appheable state regulations, and as otherwise authorized herein
"Animal control center or shelter" means a city-operated or designated facthty for the
~mpounchng and canng of animals held under the authority of this chapter
"Ammal waste" means feces, unne, litter, bedding, spo~led food, or other animal matter that
causes foul odors, attracts vermin or encourages their reproduction
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"At large" or "runmng at large" means an ammal not kept w~tban an enclosure or fenced area or
restrmned ~by a leash of sufficient strength and length to control the acttons of smd animal
"Building" means any structure or enclosure ~ntended for use or occupation as a habitation or for
some purpose of trade, manufacture, ornament or use
"Cat" means an animal of the fehne species, both male and female
"C~rcus" or "Carnival" means a commercml variety show featunng ammal acts for pubhc
entertmnment
"City" means the City of Denton, Texas
"Commercial kennel" means any premise where~n any person engages in the business of
boarding, breeding, buying, letting for bare, trmmng for a fee or selhng dogs and cats
"Dangerous Animal" means a dog that makes an unprovoked attack on a person, or a domestic
ammal, that causes bodily ~njmy
"Dog" means an ammal of the canine spemes, both male and female
"Domestic animal" means all species of animals commonly and universally accepted as being
domesticated
"Estray" means any stray livestock
"Ferret" means a domesticated animal of the putonous family, both male and female
"Fowl" means any specms of feathered animals wbach are normally stated for, or kept or used
on, a farm, a ranch, or s~nnlar 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 specms 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, quml, 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 prowd~ng premises to which
the animal returns for food, shelter, or care, for a period of at least three days, or protection from
~mpoundment
"Hybrid" means the offspnng of two animals of dfffercnt species
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"L~vestock" means any species of anamals which are normally suited for, or are kept or used on,
a farm, ranch or s~mfiar setting for agricultural purposes such as animal husbandry, food or food
production, production of fiber or clothmg material, riding, driving, pulhng, hauhng, commeme,
or s~m~lar purpose For purposes of th~s chapter, the following or s~rmlar species of animals shall
be considered to be hvestock, 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 owmng, keepmg or hav~ng custody or control of, or who has primary
responsibility for the care of, or right of property in, an animal
"Police canme" means any dog trtuned or being trained for law enfomement purposes, whmh is
under the care, custody, and control of a law enfomement officer
"Possessl0n" means actual care, custody, control or management of an ammal
"Premises" means any parcel of land that ~s owned, leased, or otherwise controlled by a person
"Prohibited animal" means any species of animals whose sale, display, or possession wlthm the
c~ty hmlts ~s unlawful The following or similar specxes of animals, including their hybrids, shall
be considered prohibited
1 Class Reptiha Famdy Helodermat~dea (the venomous hzards), family V~pendae
(rattlesnakes, p~t v~pers and true wpers), famdy Elapldae (coral snakes, cobras
and mambas), family Colubndae~D~sphohdus typuss (boomsland), Cyclagras
g~gas (water cobra) and Bmga dendroph~la (mangrove snake) only, order Ph~dm
(racers, boas, water snakes and pythons), order Crocod~ha (crocodiles, alhgators,
cmmans and gavlals)
2 Class Aves Subdivision Ratltae (such as ostriches, rheas, cassowaries and emus),
3 Class Mammaha Order Carnivora, family Felldae (such as ocelots, margays,
t~gers, jaguars, leopards and cougars), except commonly accepted domestmated
cats, family Camdae (such as wolves, dlngos, coyotes and jackals), except
domesticated dogs, family Mustehdae (such as weasels, martens, minks, badgers),
except domesticated ferrets, family Procyomdae (raccoons, famdy Ursldae (such
as bears), order Marsup~aha (such as kangaroos and common opossums), order
Edentata (such as sloths, anteaters and armadillos), order Probosc~dea (elephants),
order Pnmata (such as monkeys, chimpanzees and gorillas), order Rodent~a ( such
as porcupmes), and order Ungulata (such as antelope, deer, b~son and camels)
Prohibited ammal does not mean a ps~ttac~ne b~rd, canary, finch, hamster, guinea p~g, rat, mouse
gerbd, or reptile fam~hes Leptotyphlop~dae and Colubndae
"Protective custody impound" means an the impoundment of an animal as the result of a fire,
medmal emergency, hosp~tahzatlon, custody arrest, or other natural or manmade situation that
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leaves the owner, harborer or person otherwise in possessaon of anamal ~ncapable of mmntmmng
control of, or canng for, the ammal
"Pubhc place" means any place to whach the pubhc or a substantaal group of the pubhc has
access and ~ncludes but ~s not hm~ted to streets, s~dewalks, haghways, alleyways, parks and the
common areas of schools, hospitals, apartment houses, office braidings, transport factht~es and
shops
"Quarantine" means the strict ~solatlon of a batang ammal or anamal suspected of being rabid an a
closed cage or pen m a manner that prevents physmal contact between the anamal and all other
ammals and humans
"Stenhzat~on" means the surgical removal of the reproductive organs of an animal to render it
unable to reproduce
"Stray ammal" means any animal for whmh there is no ~dentlfiable owner or harborer, which ~s
found to be at large w~thm the corporate hmlts of the c~ty
"Strict ~solataon" means to confine an animal in a closed cage or pen an a manner which prevents
physacal contact w~th other animals or people for a period oft~me specffied by the animal control
officer
"Vaccinated" means an animal properly ~njected by a hcensed veterinarian w~th a rabies vaccine
hcensed for use an that spemes of anmaal by the Umted States Department of Agriculture
(USD^)
"Vermin" means fhes, treks, fleas, hce, rats, mosqmtoes or other small animal or ~nsect which
may be annoying, destructive, or inJUriOUS to health
See 6-3. Exemption ofe~ty offiemls from lmblhty
All of the regulations prowded an th~s chapter and the functions and duties of all officers,
agents, servants or employees of the c~ty an the enforcement of thas chapter are declared to be
governmental and for the benefit, health and welfare of the general pubhc Any mty officml or
employes charged w~th the enfomement of th~s amcle, acting for the caty an the dascharge of h~s
or her duties, shall not thereby render lumself or herself personally hable by the performance of
any act reqmred or permatted ~n the dmcharge ofh~s or her duties
See 6-4. Enforcement
(a) The mty authorizes animal control officers to enforce the prowsaons of th~s
chapter and to act as the local health authority and anamal control authority ~n
enforcing the prowmons of apphcable sections of the Texas Health and Safety
Code
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(b) The anthorlty of an animal control officer includes, but is not limited to
(1) The authority to issue rotations and swear out summonses for any violation
of this chapter and any other power or duty stated w~th~n the terms of this
chapter,
(2) The humane destruction of an animal which is diseased or has been
seriously injured to the degree that destruction is the most humane course
of action or when an animal poses an ~mmlnent danger to a person or
property,
(3) The impoundment of an animal under provisions of this chapter 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 hab~tation w~thout the effective consent of the owner, while
enforcing the provisions of this chapter and to enter onto private property
and commercial animal establishments to enforce regulations covered ~n
th~s chapter
(c) It shall be unlawful for any person to intentionally and knowingly interfere with
an ammal control officer ~n the performance ofh~s or her duties
(d) It shall be unlawful for any person to fml to comply with any lawful order of an
ammal control officer of the city
(e) It shall be unlawful for any person, upon being issued a rotation, to give an animal
control officer a false name or a false address
(0 It shall be unlawful for any person to remove, altar, damage or otherwme tamper
with a trap or other equipment that is placed on any property by an animal control
officer for the purpose of exerms~ng the authority, or performing any duty,
prescribed by this chapter
See 6-5 Animal control center or shelter
The city council shall select and establish facthtles in the city for impoundment,
adoption, m~untenance and humane destruction of stray, at large, d~seased, and dangerous
animals
See. 6-6 Ammai shelter advisory committee - Creation
(a) There ~s hereby established and created the animal shelter adwsory committee to
be composed of seven (7) members who shall meet the following qualifications
(1) One (1) licensed vetennanan,
(2) One (1) c~ty official,
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(3) One (1) person whose duties include the daily operation of an ammal
shelter,
(4) One (1) representative of an ammal welfare organization,
(5) Three (3) people who are not ~nvolved by occupation or membership ~n
any of the above categories
(b) Each member shall serve a term of office of two (2) years from the date of his or
her appointment, and terms shall be staggered
See. 6-7 Same - Purpose, meetings.
(a) It shall be the purpose of the animal shelter advisory committee to assist the city
in complying w~th the reqmrements of the animal shelter act, Texas Health and
Safety Code 823 005, and to make recommendations to the c~ty council regarding
methods and procedures necessary to ensure compliance with the Act
(b) The committee shall meet at least three (3) t~mes per year
See. 6-8 Restraining Animals
(a) It shall be unlawful for the owner, harborer, or person m possession of any animal
to permit the animal run at large in the city or to trespass upon the premises of any
other person
(b) It shall be unlawful for the owner, harborer, or person m possessmn of any animal
to leave the animal unattended ~n a pubhc place regardless of whether or not ~t ~s
restrained by a leash
(c) It shall be unlawful for the owner, harborer, or person in possession of any animal
to leave the animal restrained by a leash and unattended In any manner that allows
the animal to enter the private property of another without the effective consent of
the owner
(d) Ttus section does not apply to police camnes
Sec. 6-9 Ammal Nuisances
It shall be considered a public nmsance and unlawful for any person to
(a) Harbor, keep, or control any animal on their premmes whmh by barking, howling,
or crowing creates noise to the degree that the no]se interferes with the reasonable
use and enjoyment of adjacent property by Its occupants
Page 6 of 28
(b) Keep any animal in such a manner as to endanger the public health In the
following ways
1 By the accumulation of organic animal wastes which cause foul and
offensive odors,
2 By being a hazard to any other animal or human being, or
3 By keeping ammal pens, stables or enclosures in an unsanitary condition
(c) Keep bees in such a manner as to deny the reasonable use of adjacent property or
endanger personal health and welfare
See 6-10. Defecation of dogs on public and private property
(a) An owner, harborer, 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 pubhc property and fmls to remove and dispose of any excreta
the dog deposits
(b) An owner, harborer, or other person in possession of a dog commits an offense if
he
1 Knowingly permits the dog to enter or be present on private property
located in a public place, and
2 Fmls to have in his possession materials or implements that, either alone
or in combination with each other, can be used to immediately and in a
sanitary and lawful manner both remove and dispose of any excreta the
dog may deposit on the property
(c) It is a defense to prosecution under Subsection (a) or (b) that
1 The property was owned, leased, or controlled by the owner, harborer, or
person in possession of the dog,
2 The dog was specially trmned to assist a person with a disability and was
m the possession of that disabled person at the time it defecated or was
otherwise present on the property,
3 The owner or person m control of the property had given prior consent for
the dog to defecate on the property, or
4 The dog is a pohce canine being used in official law enforcement
activities
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 dlscovenng the animal running at large, may confine the animal only
for so long as reasonably necessary to notify the animal control center and have the ammal
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ampounded, or dehver smd anamal to the animal control center In attempting to confine the
anamal, the occupant shall not use any force that is ~ntended or known by the occupant to cause
or ~n the manner of its use or mtanded use ~s capable of causing death or injury to the anamal
Sec. 6-12 Animal care generally.
Animals shall be cared for, treated and transported ~n a humane manner and not ~n
vtolat~on of Section 42 11 of the Texas Penal Code, T~tle 10 of the Health and safety Code, or
any other provision of law, including federal, state and local laws, ordinances and roles
(a) It shall be unlawful for any person to intentionally or knowangly abandon any
ammal wltinn the corporate hm~ts of the c~ty Any person v~olat~ng thas sectton
shall bear the full costs and expenses incurred by the caty in the care of the
abandoned animal and the person shall reimburse the caty all costs as determined
by the ammal control officer
(b) It shall be unlawful for any person to antent~onally or knowingly confine or allow
to be confined any animal in a motor veincle or trmler under such conditions or
for such periods of tame 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 winch maght cause
suffenng, dlsainhty or death An anamal control officer who reasonably beheves
that an animal as m a motor veincle or trmler under such circumstances ~s
authorized to enter the vehicle to remove the anamal and transport the animal to
the ammal control center
(c) It shall be unlawful for any person to keep or harbor any anamal winch as ~nfllcted
wath any dangerous or commumcable disease, or whmh ~s ~n a pmnfully crippled
or d~seased condatlon, that to keep smd ammal ahve would be considered
~nhumane All such ammals shall be humanely destroyed by a licensed
vetennanan or turned over to the anamal control center to be humanely destroyed
(d) It shall be unlawful for any person to knowingly color, dye, staan or otherwase
change the natural color of any cincken, duckhng, other fowl, rabbat or aquatac
turtle or to possess for the purpose of sale, exchange or gift any of the above-
mentioned ammals winch have been so colored
(e) It shall be unlawful for any person to knowingly sell, offer for sale, exchange or
g~ve 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 control officer
(t) It shall be unlawful for any person to produce or pamc~pate ~n the production of a
circus, carnival, or other perfonmng animal exinbat~on an winch an animal as
induced or encouraged to perform through the use of a chemical, mechamcal,
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electrical, or manual device in a manner which causes or is hkely to cause
physical injury or suffenng
(g) It shall be unlawful for any person, firm or corporation to raise or k~ll a cat, dog,
ferret, or rabbit for the sion or fur
(h) It shall be unlawful for any person, firm or corporation to mutilate any hve
ammal
0) It shall be unlawful for any person other than a licensed vetennanan to dock the
tml or crop the ears of any animal
(j) A person commits an offense ~f he
1 Beats, cruelly treats, torments, mentally abuses, overloads, overworks, or
otherwise abuses an animal,
2 Causes, ~nstlgates, or permits any dog fight, cock fight, bull fight, or other
combat between animals or between ammals and humans,
3 Ftuls to provide an animal ~n his possession with adequate wholesome
food and water, proper shelter and protection from ~nclement weather and
vetennary care when needed to prevent suffenng,
4 Whale transporting an ammal in a vehicle, fmls to restrmn the animal in a
manner that prevents the animal from leawng the vehtcle or being
acmdentally thrown from the vehmle, or
5 Treats an animal in an inhumane or creel manner as defined by Section
42 09 of the Texas Penal Code or Chapter 821 of the Texas Health and
Safety Code
(k) It ~s an exceptmn to the apphcat~on of this section ~f, at the t~me of the conduct
charged, the actor
1 Was a licensed veterlnman engaged ~n the legitimate practme of
vetennary medmlne, or
2 Was engaged ~n bona fide experimentation for smentffic research
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 an antlrab~es vaccine approved by the
Texas Board of Health Only a licensed vetennanan shall administer the vaccine,
whether the vaccine ~s of the modffied live virus or the ~nactavated type
(b) Upon vaccination, the adm~mstenng vetennanan shall execute and furnish to the
owner of the cat, dog or ferret as ewdence thereof, a certfficate of vaccination and
a tag that contains a serial number to correspond w~th the vacclnatton certificate
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number, the issuing chmc's name and phone number The owner shall place the
rabies tag on the animal's collar or harness while the animal is outside the
owner's residence
(c) All such cats, dogs, or ferrets shall be revacmnated at one year intervals thereafter
Any person establishing residence within the City of Denton shall comply with
flus section within ten (10) days of establishing such residency
(d) If an unvaccinated cat, dog, or ferret inflicts a bite, scratch, or otherwise attacks
any person within the city limits, a rabies vaccine shall not be administered to the
cat, dog, or ferret until the conclusion of a ten (10) day quarantine period,
beginning with the date of the bite, scratch, or attack
(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 vacmnatlon or
tag of any dog, cat, or ferret other than one for which it was issued
(g) It shall be unlawful for a person to alter or obliterate any information contmned 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 fall or refuse to present
a valid vaccination certificate from a licensed vetennanan to an animal control
officer, upon request, that such animal is currently vaccinated agmnst rabies as
required by this section
Sec 6-14. Registration of cats, dogs~ and ferrets required
(a) Every owner of a cat, dog, or ferret, which is four or more months of age and is
kept m the city, shall register the animal with the animal control center
(b) In order to register a cat, dog, or ferret, the owner, or his designee, shall
1 Provide a rabies vaccination certificate issued by a licensed vetennanan
within the last twelve (12) months and that contmns identifying
information regarding the animal including, but not limited to, breed, sex,
and stenhzatlon information,
2 Present a valid picture identification card issued to him by a state, and
3 Pay a registration fee as established by the city couneal and maintmned on
file in the office of the city secretary
(c) Upon registration, the animal control center shall execute and furmsh to the owner
of the cat, dog or ferret as evidence thereof, a certificate of registration and a tag
that contmns a serial number to correspond with the registration certificate
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number The owner shall place the registration tag on the animal's collar or
harness while the animal is outside the owner's residence If the tag is lost or
destroyed, the owner shall obtarn a duplicate upon payment of a fee established by
the city council and on file in the office of the city secretary
(d) It shall be unlawful for a person to knowingly possess a dog, cat, or ferret that has
not been registered as prescribed by this section
(e) It shall be unlawful for a person to knowingly use a certificate of registration or
tag of any dog, cat, or ferret other than one for which it was issued
(f) It shall be unlawful for a person to alter or obliterate any information contained in
a certificate of registration or on a registration tag
(g) It shall be unlawful for a person who owns or harbors a dog, cat, or ferret to fall or
refuse to present proof to an animal control officer, upon request, that such animal
is currently registered as required by this section
(h) The ammal control center shall wmve the prescribed registration fees for owners
under the following conditions
1 The registration of an animal trained to assist the hearing lmptured,
visually lmpmred, or physically lmpmred,
2 The registration of a dog employed as a police canine by a law
enforcement agency, or
3 The registration of a spayed or neutered animal by a resident sixty-five
years of age or older
The ehgththty for a wmver of the registration fee does not relieve the owner of his
responsibility to register a dog, cat, or ferret as prescribed by this section
(0 For purposes of this section, "temporarily" means a period of time not to exceed
sixty (60) days Th~s section does not apply to
1 Non-residents of the c~ty who stay w~th~n the city limits temporarily, or
2 Residents who may harbor an animal temporarily
Sec. 6-15 Impounding of cats, dogs, and ferrets
(a) An animal control officer is authorized to ~mpound any animal which is running
at large within the mty or for which impoundment is otherwise authorized by this
chapter or state law Where an animal is running at large in a pubhc place, the
impounding officer may enter upon the public place for the purpose of
impoundment or issuance of a rotation or both, unless the officer has notice that
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entry IS forbidden In no case, however, shall an animal control officer enter a
habitation on private property without the effective consent of the owner, or the
order of a magistrate, or as otherwise allowed by state law
(b) Any impounded animal which has been seriously injured or is seriously ill may be
euthanlzed immediately to prevent suffenng, or given to a non-profit humane
organization for the purpose of vetennary medical care, as determined by the
animal control officer The animal shelter shall not be responsible for providing
vetennary care for any sick or an. lured animal (State law reference - Restraint
and Impoundment of Dogs and Cats, Vemon's Ann Clv St, Art 4477-6a, 3 08)
(c) Any nursmg baby animal impounded without the mother or where the mother
cannot or refuses to provide nutritious meals may be immediately euthanlzed to
prevent suffenng or given to an individual or to a non-profit humane orgamzatlon
for the purpose of canng for smd animal
(d) The owner of any animal impounded under the terms of this chapter shall have the
right to redeem same, unless otherwise prohibited by this chapter
(e) Animals impounded m accordance with this section shall be held at the animal
euntrol center for a munmum of mnety-slx (96) hours If the owner does not
redeem the animal before the holding period expires, the animal shall become the
property of the animal control center and the animal control center shall dispose
of the ammal through adoption, transfer to an ammal rights orgamzatlon, or
euthanasia
See 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 manmadc situation that leaves
the owner, harborer or person otherwise in possession of the animal temporarily
incapable of malnt0amng control of, or canng for, the animal, an animal control
officer may impound the animal and house it at the animal control center
(b) The owner, harborer or the person that was m 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 seven (7) days If the
owner, or his designee, has not claimed the animal w~thln seven (7) days, the
animal becomes the property of the city to be d~sposed of by the animal control
center through adoptmn, transfer to an animal rights organization, or euthanasia
(c) Owners, or their designees, shall fulfill all the requirements for redemption as
prescribed by this chapter
Page 12 of 28
Sec 6-17 Requirements to redeem a dog, cat, or ferret
(a) To redeem a dog, cat, or ferret ~mpoundcd under the prows~ons of this chapter,
the owner, or his designee, shall
1 Prowde a rabies vaccination certfficate ~ssued by a licensed vetennanan
w~thln the last twelve (12) months and that contmns ~dentlfy~ng
reformation regarding the ammal including, but not hmtted to, breed, sex,
and stenhzatlon reformation,
2Present a valid p~cture ~dentfficat~on card issued to hma by a state,
3 Pay impound and holding fees as established by the oty council and
mmntmned on file ~n 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 h~s designee, cannot, or refuses to, prowde proof that the animal
is currently vaccinated against rabies, the owner, or h~s designee, shall pay a
licensed vetennanan for the adm~mstrat~on of the rabies vaccination and present a
receipt of payment ~ssued by the vetennary chnlc prior to the release of the
animal The ammal shall be vaccinated w~thm seven (7) days following the
release of the animal
(c) If an ammal is not registered as required by th~s chapter at the t~me of redemption,
the owner, or h~s demgnee, shall regmter the animal prior to the release of the
animal If the animal ~s not currently vaccinated as required by th~s chapter, the
owner shall present a pre-prod receipt from a hcensed vetennanan for the
vaccination and pay the registration fee prior to the release of the animal The
registration certfficate and tag will be ~ssued upon presentation of the reqmred
rabies vaccination certfficate
(d) An owner, or his designee, who redeems an animal, slx months of age or older,
for a second or subsequent ~mpound shall prowde proof that the animal has been
spayed or neutered prior to the release of the animal If the owner cannot provide
proof that the ammal is spayed or neutered, the owner shall pay a vetennary chmc
for the cost of spaying or neutenng the animal and present a receipt of payment to
the animal control center prior to release of the ammal The ammal shall be
spayed or neutered within fourteen (14) days after the release of the ammal
(e) It shall be unlawful for a person redeermng an animal under th~s section to
1 Fml to prowde proof of rabies vaccination w~th~n ten (10) days of the
release of the ammal, or
2 Fml to provide proof that the ammal was spayed or neutered within
fourteen (14) days of the release of the animal
Page 13 of 28
Sec. 6-18.1Adoption of dogs, cats, and ferrets
(a) The ammal control center is authorized to offer for adoption any impounded
animal not redeemed by ~ts owner w~thm mnety-s~x (96) hours or any animal
released by its owner for adoption, except where otherwise specified
(b) Animal control officers shall be the sole judge as to whether or not an animal is
statable to offer for adoption A decision to offer a parhcular ammal for adoption
shall not constitute any warranty, expressed or lmphed, of the health,
temperament, or age of the animal
(c) In order to adopt a dog, cat, or ferret, a person shall
1 If not currently vaccinated, pay a vetennary chmc for the administration of
vacmnatlons ag0anst rabies and other communicable diseases common to
the ammal's species and present a receipt of payment from the vetennary
clinic,
2 If not spayed or neutered, pay a veterinary chmc for the stenhzatlon
surgery and present a receipt of payment from the vetennary chine,
3 If required by this chapter, pay a registration fee as established by the city
cotmcll and kept on file in the office of the city secretary, and
4 Pay an adoption fee as estabhshed by the c~ty council and kept on file ~n
the office of the city secretary
(d) A person who adopts an animal shall prowde certfficatlon from the vetennanan
that the animal was vaccinated as prescribed within seven (7) days of the animal's
release from the ammal control center
(e) A person who adopts an animal shall provide cerhficat~on from the vetennanan
that the ammal was spayed or neutered as prescribed, or was already stenhzed,
within fourteen (14) days of the animal's release from the animal control center
(f) A person who adopts an animal beheved to be under four (4) months of age shall
prowde certification from the vetennanan that the animal is of insufficient age to
receive vaccinations or be spayed or neutered and prowde a date as to when the
procedures will be performed The person adopting the animal shall provide
certification from the vetennarlan of the administration of the vaccanatlons and
surgical sterilization w~thin fourteen (14) days after the procedures are completed
(g) The owner, harborer, or person m possession of an animal adopted under th~s
section shall immediately notify the ammal control center if the animal escapes or
becomes or appears to become sick or d~es before the animal has been vacmnated
and stenhzed
Page 14 of 28
(h) If a person fails to meet the requirements of this section, the animal center is
authorized to impound the animal It shall be unlawful for any person, who is in
wolat~on of th~s section, to fail or refuse to surrender an animal adopted from the
ammal control center
See 6-19 Transfer ofammals to other releasing agencies
The custody of eats, dogs, and ferrets eligible to be placed for adopUon under th~s chapter
may be transferred without fee to animal shelters or humane organizations so that these
organizations may act as releasing agencies and place the animals for adoption pursuant to
Chapter 828 of the Texas Health and Safety Code Before any animals will be transferred to
other releasing agencies, these agencies must meet any adm~mstraUve requirements estabhshed
by the animal control center All responsabthtaes required of releasing agencies under Chapter
828 for adoption, lmmumzatlon and stenhzatlon of ~mpounded animals shall be solely the
responmbthty of the ammal shelters or humane organizations and the City of Denton shall retain
none of these responsabflmes upon transfer The transfer of the animals ehg~ble for adoption to
alternate releasing agencies shall be made without any fee
See 6-20. Injuring, capturing or killing ammals or b~rds
(a) Except as may be otherwise provided in this chapter, at shall be unlawful to
intentionally or knowingly interfere with, injure, capture or kill any ammal within
any public park, driveway, street or other pubhc property of the c~ty except by
permasmon of the eaty council
(b) It shall be unlawful for any person to antenuonally kill, injure or administer poison
to any bard whatsoever within the city limits without the permission of the city
council
(c) Th~s section does not apply to harmful rodents, reptiles or insects
Sec 6-21. Disposal of dead animals
(a) It shall be unlawful for any person to place, put or leave a dead animal upon a
pubhc place, street, alley, right-of-way or pubhc way or in any sohd waste
eontmner or upon the property of another person wathout the other person's
consent
(b) All vetennanans and residents shall be charged a fee established by the city
council and on file m the office of the city secretary for each trip by city
employees to p~ck up one (1) or more dead animals
(c) All vetennanans and residents bnnglng dead animals to the city's animal control
facthty shall be assessed and pay a disposal fee per animal, as established by the
c~ty council and on file in the office of the c~ty secretary
Page 15 of 28
(d) It shall be unlawful for any person to place or leave an ammal carcass at the
tory's animal control center, except at times when such center is open to the
pubhc and a city employee is avmlable to receive such carcass
See. 6-22 Euthanasia and cremation of animals.
(a) An owner or resident may bnng an ammal or animals to the animal control center
for euthanasia and shall be assessed and pay for each ammal the fee estabhshed
by mty counml and on file m the office of the mty secretary
(b) An owner or resident may bnng an ammal or ammals to be cremated at the city's
animal control center and shall be assessed and pay for each animal the fee
established by city council and on file ~n the c~ty secretary's office
See 6-23. Reporting ammal bites, scratches, or suspected rabies.
(a) It is the duty of any person having knowledge of an animal b~te or scratch to a
human to prowde a detmled report of the incident to the ammal control 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 ~s bitten
or scratched by an animal known to have rabies, or suspected of having rabies, to
provide a detmled report of the ~nc~dent to the animal control center as soon as
possible, but not later than twenty-four (24) hours from the t~me of the ~nmdent
(c) Every veterinarian who chmcally d~agnoses rabies or any person who suspects
rabies in a cat, dog, ferret, or other domestm ammal shall ~mmedlately report such
fact to the animal control center, stating precisely where such animal may be
found
(d) Every vetennarmn having an animal quarantined as the result of an lnmdent
mvolmng a b~te or a scratch shall submit a written report to the animal control
center describing the condmon of the animal on the ~mtlal day of observation, the
fifth day, and the tenth day of observation
(e) The carcass of any dead animal exposed to rabtes or suspected of having been
rabid shall be surrendered to the animal control center for d~agnost~c purposes
Sec 6-24 Rabies quarantine, confinement and d~sposltlon
(a) An ammal control officer shall have the authority to order the quarantining of any
ammal responsible for a bite or scratch to a human or another domestic animal or
Page 16 of 28
any animal suspected of having, or having been exposed to, any zoonotlc d~sease
considered to be a hazard to the human population or other animals
(b) When an ammal is d~agnosed with rabies, is under suspmlon of hawng rabies, or
has b~tten or scratched a human, the owner must ~mmedlately place the ammal m
quarantine at the animal control center or at a licensed vetennary chine w~th~n the
incorporated hmlts of the city for a period of not less than ten (10) days from the
t~me of the b~te or scratch If the owner falls or refuses to surrender the animal for
quarantine, an animal control officer may obtmn a warrant from a magistrate to
seize and ~mpound the animal for a period of time as provided in th~s sectmn
(c) The owner of a dog, cat or ferret subject to quarantme under th~s section may
request penmss~on for home quarantine The ammal control center may allow a
home quarantine prowded that
1 The owner can prowde vahd proof that the animal subject to quarantine is
currently vaccinated agmnst rabies,
2 The wct~m of the b~te or scratch is the owner or a member of the
~mmedaate family of the owner,
3 The animal subject to the quarantine was not at-large at the t~me of the
bite or scratch,
4 The ammal subject to the quarantine has no prior bites or scratches on file
w~th the ammal control center,
5 The owner demonstrates sufficient accommodations to ~solate the ammal
subject to quarantine from humans and other animals ~n the residence,
6 The owner can provide sufficient assurance that the ammal will remmn
ms,de an enclosed structure for the duration of the quarantine period and
may be allowed outside only when restrmned on a leash by the owner or
other capable adult in the household only for so long as reasonable for the
animal to unnate and defecate,
7 The owner agrees not to remove the animal subject to quarantine from the
incorporated limits of the city during the prescribed quarantine period,
and
8 The ammal control officer physically inspects the premises prior to
allowing the home quarantine to ~nsure that these conditions can be met
and the owner agrees to periodic ~nspectlons of the ammal subject to
quarantine mclud~ng, but not hmlted to, the ~mtlal day of quarantine, the
fifth day and the tenth day of quaranttne
(d) The wolation of the conditions of home quarantine by any person shall be just
cause for seizure and ~mpoundment of the quarantined ammal by an animal
control officer If the owner refuses to allow the lmpotmdment of the quarantined
ammal for the purpose of quarantme, an ammal control officer may obtain a
warrant from a magistrate to seize and impound the animal for a period of time as
prescribed by th~s section or state law
Page 17 of 28
(e) The owner of an animal that ~s bitten by or exposed to an ammal known to have
rabms or suspected of hawng rabies shall ~mmedmtely confine the ammal and
not~fy the ammal control center The animal control center shall
1 If the ammal ~s currently vaccinated, order the owner to obtmn ~mmedmte
revaccmat~on and confine the animal for observation for a period of not
less than forty-five (45) days, or
2 If the ammal ~s not currently vacmnated, order the owner to confine the
ammal for a period of not less than mnety (90) days, and
3 Perform an lmmedmte ~nspect~on of the ammal and the premises w~th
subsequent mspect~ons periodically during the confinement period
(f) Any person hawng possession of or responslbthty for any quarantined animal
shall ~mmedlately notify the ammal control center ~f such animal escapes or
becomes or appears to become s~ck or dins In case of death of the ammal under
quarantine, the person shall ~mmedmtely surrender the carcass to the ammal
control center for dmgnostm purposes
(g) It shall be unlawful for any person to remove from any place of confinement any
cat, dog, or ferret, winch has been quarantined, w~thout the prior approval of the
animal control center
i (h) The owner of an ammal quarantined in accordance wxth tins section or state law
shall bear the full cost of the quarantine If the ammal ~s quarantined at the
animal control center, the owner shall pay fees as estabhshed by the c~ty council
and on file m the office of the mty secretary
(0 If, upon the exp~ratlon of the quarantine period, no animal control officer or
vetennanan has observed s~gns of raines, a release from quarantine shall be issued
to the owner If the animal does not have current raines vaccination, the animal
shall be vacmnated prior to ~ts release to the owner
(1) If the animal is ~mpounded at the ammal control center for quarantine, the owner
may redeem the animal ~n accordance w~th the prowslons of tins chapter If the
owner fails to redeem the ammal on or before the tinrd day following release from
quarantine, the animal shall become the property of the mty and the ammal
control center ~s authorized to dmpose of the animal through adoption, transfer to
an anamal rights orgamzatmn or euthanasm
(k) Unauthorized or proininted animals that b~te or scratch a human or another animal
or are suspected of having raines shall be humanely destroyed and submitted for
dmgnostm testmg
Page 18 of 28
Sec 6-25. Pigeons.
(a) It shall be unlawful for any person who owns a pxgeon to lntent~onally allow the
pigeon to stray m the city
(b) It shall be unlawful for any person to knowingly be in possession of more than
twenty-five (25) p~geons on any premises w~thln the city
(c) It shall be unlawful for any person to knowingly keep the enclosure in whxch such
pigeons are confined m such a manner so as to g~ve off odors offensive to persons
of ordinary senslblhtles residing in the Vtclmty or to breed or attract venmn, or to
allow such pigeons to cause considerable noise to the annoyance and discomfort
of surrounding neighbors so that the reasonable use and enjoyment of their
property is disturbed or, in any manner, to endanger the public health or safety or
otherwise create a public nuisance
See. 6-26. Keeping off owl
(a) It shall be unlawful for any person to keep or harbor any fowl within the corporate
limits of the city m any pen, shed, coop, enclosed structure, or fenced yard, if any
part of such enclosure, structure, or yard is w~thln 150 feet of any residence,
business or commercial estabhshment or office, school, hospital or nursing home
This section shall not apply to pet birds kept w~thm residential or commercml
structures, nor shall ~t apply to b~rdhouses for the keeping of migrating or wild
birds
(b) It shall be unlawful for any owner of any fowl to mmntmn yards, pens, sheds,
coops, or other enclosures in which such fowl are confined m such a manner as to
g~ve off odors offensive to persons of ordinary sens~bdlt~es residing ~n the
wcmlty, or to breed or attract flies, mosquitoes or other noxious insects or
rodents, or m any manner to endanger the public health, safety or welfare, or to
create a public nuisance
See 6-27. L~vestoek, samtary conditions.
(a) It shall be unlawful for any person to feed or keep any species of swine ~n any lot,
pen bmldlng, stable, or other enclosure in the city, any part of which lot, pen,
building, stable or other enclosure ~s nearer than one-thousand (1,000) feet to any
bmldmg
(b) It shall be unlawful for any person to keep or harbor any hvestock w~th~n the
corporate hm~ts of the c~ty m any pen, stable, shed or other enclosure at a d~stance
of less than two-hundred (200) feet from any resadence, business, commercial
establishment, office, school, hospital or nursing home This does not apply to
the livestock owner's remdence, bus~ness, commercial establishment or office
Page 19 of 28
(c) It shall be unlawful for any person to keep or harbor any hvestock within the
corporate hm~ts of the city, where there IS less than 10,000 square feet for each
head of cattle or horse and 3,000 square feet for all other types of hvestock
(d) It shall be unlawful for any owner of any livestock to maintain yards, pens,
stables, sheds, or other enclosures in which such animals are confined m such a
manner as to give off odors offensive to persons of ordinary senslblht~es residing
m the wcunty, or to breed or attract files, mosqmtoes or other noxious ~nsects or
rodents, or m any manner to endanger the public health, safety or welfare, or to
create a pubhc nuisance
(e) Manure and droppings shall be removed from pens, stables, yards, coops and
other enclosures weekly and handled or disposed of in such a manner as to keep
the premises free of any nmsance
(f) Mound storage of droppings of manure between such removals shall be permitted,
only under such conditions as to protect against the breeding of files, rodents, and
to prevent the m~grat~on of fly larvae (maggots) into the surrounding soil
(g) The feeding of vegetables, meat scraps or garbage to livestock shall be done only
~n impervious contmners or on an impervious platform
(h) Watenng troughs or tanks shall be provided, which shall be equipped with
adequate faclhtles for dnumng the overflow so as to prevent the breeding of fi]es,
mosquitoes or other insects
0) No putresc]ble material shall be allowed to accumulate on the premises, and all
such material used to feed, whach is unconsumed, shall be removed and d~sposed
of by burial or other sanitary means
Sec 6-28. Livestock r~dmg or drivmg.
(a) It shall be unlawful for any person to allow hvestock to be driven or ridden upon
any public property, prowded however, horses may be ridden on the unimproved
or unpaved port,on of the right-of-way and the Chief of Pohce, or his designee,
may authorize horses and other hvestock 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 hvestoek 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
Page 20 of 28
Sec. 6-29. Wild animals.
(a) It shall be unlawful to keep or harbor any w~ld animal w~thm the city, except at
commercial animal establishments deahng m the sale or handling of such ammals
and having proper zomng for such commercial cstabhshments and having proper
faclhtles for the restraint and care of such animals
(b) The ammal control officer may establish conditions under which it would be
pcrmiss~ble 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
Sec 6-30. ProhibIted animal permit.
(a) It shall be unlawful for a person to harbor, own or exfub~t a prohibited animal
w~tlun the mty
(b) It is an exception to the application of subsectmn (a) of th~s section ~f the owner,
harborer, or exhibitor holds a prohibited ammal permit or ~s a governmental
entity
(c) A permit for the possession of a prohibited ammal may be ~ssued only to a zoo,
research restitution, individual researcher, pubhc or private primary or secondary
school, performing animal exhibition, rodeo or c~rcus, or carnival of whmh the
animal is an integral part, ~f the animal is restrmned from lnflmtlng ~njury upon
persons, property or other ammals and adequate provision is made for the care
and protection of the ammal A permit may be ~ssued to an individual researcher
only upon the recommendation of a medical institution or the director of a
research institution
(d) The fee for such permit shall be established by the c~ty councd and is on file ~n
the office of the city secretary The permit shall be ~ssued for one or more animals
of an owner or exhibitor at a s~ngle location The permit is valid for a designated
period of time not to exceed twelve months and may be renewed for the same fee
Sec. 6-31. Revocation of prohibited animal permat.
The animal control officer shall revoke a permit to harbor, own or exhibit a prohibited
animal w~thm the city if
(a) The permit holder fails to properly restrain the ammal, or
(b) The permit holder fmls to generally care for or protect the animal
Page 21 of 28
Sec 6-32. Prohibited ammal permit appeal from denial or revocatnon.
(a) If the anamal control center refuses to issue or renew a probabated animal permat or
revokes a permat, he or she shall send to the applicant or permat holder by certified
m0al, return receapt requested, written notice of has actmn and a statement of the
ngba to appeal
(b) The appheant or permit holder may appeal the decasmn of the animal control
officer to the cbaefofpohce by fihng wath the ebaef ofpohce a written request for
a hearing, setting forth the reasons for appeal, watban ten (10) days after rcceapt of
the notme from the ammal control center The filing of a request for an appeal
heanng w~th the cbaef of police stays any action by the animal control center to
revoke a permnt tmtfl a final decision is rendered If a request for an appeal
heanng ns not made within the prescribed period, the action of the animal control
center ns final
(c) The cbaef of police, or bas desngnee, shall serve as heanng officer at an appeal
heanng and shall consider evidence offered by any nnterested person The formal
roles of evidence do not apply at an appeal heanng The heanng officer shall
make has dec~snon on the barns of a preponderance of the ewdence presented at the
heanng The heanng officer must render a declsnon within tbarty (30) days after
the request for an appeal heanng ~s filed The hearing officer shall affirm, reverse
or modafy the action of the annmal control officer and bas demslon is final
ARTICLE II DANGEROUS ANIMALS
Sec. 6-33. Purpose and scope
(a) The purpose of this artmle ~s to protect the health, safety and general welfare of
the c~ty by provadmg for the d~sposmon of animals determined to be dangerous
(b) The adm~mstratave procedures of thas article shall apply to any anamal reqmred to
be restrmned an accordance with this chapter wbach, while running at large or
whale restrained m a public place, has batten or attacked a person or, whale
runmng at large, has batten or attacked another annmal and for wbach a complaint
has been filed an accordance with tbas article
See. 6-34 Fiimg the complaint.
(a) To anvoke the provaslons of tbas artmle, a written complaint shall be filed with the
animal control center wltban two (2) business days of the date the person or
animal was attacked or batten, on a form provided by the city wbaeh shall give
notme of the penalty for the filing or signing of a false complaint as provided in
this article
Page 22 of 28
(b) The complaint shall be signed by the victim of the bite or attack, or the owner of
the animal attacked or bitten, as applicable If the person reqmred to sign the
complaint is a minor or is incapacitated, the complaint shall be signed by the
person's parent, guardian or legal representative
(c) The complaint shall contain the following Information
1 The name, address and telephone number of the person attacked or bitten
or the owner of the animal attacked or bitten,
2 The facts and circumstances of the incident, including the date, time and
location, a descnptaon of the animal complamed of, and if known, the
name, address and telephone number of the owner of the animal
complained of, and of any witness, and
3 A statement that the animal complained of, while running at large or while
I restrained in a public place, made an unprovoked attack on a person or
animal in violation of this article
(d) The complaint shall be accompamed by a written statement from a physician or
vetennarlan showing that the person or ammal attacked or bitten was examined or
treated within forty-eight (48) hours of the lnmdent and stating the nature and
extent of any injuries suffered
Sec. 6-35. Making a false complaint.
It shall be unlawful for any person to file or sign the written compltunt required by this
ordinance when the person knows that the complmnt contains false reformation
Sec 6-36. Investigation; determination of probable cause; order of impoundment.
(a) Upon receipt of a dangerous animal complaint, the ammal control center shall
immediately initiate an investigation to determine if there is probable cause to
believe that the animal which is the subject of the complaint is dangerous
(b) If the lnvestlgatmg animal control officer determines that there exists probable
cause to believe the animal is dangerous, the animal control officer shall request
an order of impoundment be issued by the chief of pohce or his designee
(c) The order of impoundment shall include the facts set forth in the complaint, the
duty of the owner to lmmedmtely ~mponnd the animal, and notification of the
subsequent dangerous animal heanng
Page 23 of 28
(d) Upon receipt of an order of impoundment, the owner of the subject animal shall
immediately impound the animal at the animal control center or a licensed
vetennary clinic or approved animal kennel within the mcorporated limits of the
city
(e) If the owner of an animal subject to impoundment refuses or fails to lmmedmtely
impound the animal as reqmred, an animal control officer may obtmn a warrant
from a magistrate, seize the animal, and transport it to the animal control center
(f) The owner or harborer will bear any and all costs for the impoundment required
by this section
(g) Any owner, harborer, or other person having possession of or respons~blhty for
any animal which is subject to an investigation under this article shall
~mmed~ately notify the animal control center if such animal escapes or becomes or
appears to become sick or dies In case of death of the anlmal under
investigation, the person shall Immediately surrender the carcass to the animal
control center for diagnostic purposes
(h) It shall be unlawful for any person to refuse or fail to impound an animal subject
to this article, or harbor, h~de or secret an animal subject to this article, for the
purpose of preventing ~ts ~mpoundment
0) It shall be unlawful for any person to transport, or secure the transport, of an
animal subject to this article to any location outside the incorporated hm~ts of the
Clty If the person has knowledge that the animal is the subject of an investigation
under this article
O) Nothing in this section shall preclude an animal control officer from immediately
~mpound~ng an animal that poses an immediate threat to the health and safety of
the citizens of the city
See 6-37. Determinatmn hearing.
(a) The jurisdiction for a dangerous animal determination heanng under this amcle
shall be assigned to the municipal court of the city
(b) The owner of an animal subject to a dangerous animal detennmat~on heanng
under this article shall be notified, in writing, of the date, time and location of the
heanng withm five (5) days after the impoundment of the animal
(c) The determination heanng shall be held within ten (10) days after ~mpoundment
of the animal
Page 24 of 28
(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
mal~ng lus determination
(ej If the magistrate determmes that the animal which is the subject of the heanng is a
danger to the commumty, the magistrate will msue an order as to the disposition
of the animal and any condmons that may be placed upon the owner for the
continued possession of the animal
(f) Nothing m this section precludes the owner of an animal which is the subject of
the heanng ~rom waiving his right to a determination heanng If a person wmves
the right to a heanng, the animal will be assumed to be dangerous and the owner
shall immediately anthonze the destruction of the animal If the animal is
impounded at the ammal control center, the owner shall release the animal to the
center for destruction If the animal is impounded at a vetennary chmc or an
animal kennel, the owner shall have the animal destroyed by a licensed
vetennanan immediately and provide documentation of the destruction to the
ammal control center
See 6-38. Disposition of a dangerous animal
(a) If, in accordance with this article, a magistrate determines that an animal is
dangerous, the magistrate shall issue an order of disposition for the animal The
magistrate may order the destruction of the animal or place special conditions on
the owner for the continued maintenance of the animal
(b) If an order of disposition contains special conditions, such conditions shall
include, but not be limited to, a reqmrement that thc owner
(1) Register the animal as a dangerous animal with the animal control
authority for the area in Much the animal is kept,
(2) Restrain the animal at all times in a secure enclosure when the owner or
harborer is not present,
(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 animal,
and
(4) Obtain habthty msurance coverage or show financial responsibility in an
amount of at least $100,000 to cover damages resulting from an attack by
the dangerous ammal causmg bochly injury to a person
(c) For the purposes of this section, "secure enclosure" means a locked structure
capable of preventmg the entry of any part of the body of a human, including
cbalclren, and capable of preventing the escape, release, or protrusion of any part
of the body of the animal The enclosure shall have secure sides and a floor either
Page 25 of 28
attached to the sides or with the sides embedded no less than twelve inches in a
concrete border surrounding the base of the enclosure The concrete border shall
be no less than four inches wide and no closer than six feet to any property lme
An enclosure shall be adequately lighted and ventilated and must be mmntalned in
a clean and sanitary conchtlon
(d) For the purposes of this section, "on a leash" means secured on the owner's
property by a leash no longer than four feet m length, held by a person of
sufficient strength to restrain the animal, and muzzled by a muzzling device
sufficient to prevent the ammal from biting any person or any other animal
(e) For the purposes of this section, "register" means to
(1) Provide the animal control center with the name, address and telephone
number of the person owning or harbonng a dangerous animal,
(2) Provide the aroma1 control center with the name, general description and
two color photographs, one depicting a frontal view and one depicting a
side view, of the dangerous animal,
(3) Provide the animal control center with a valid rabies vaccination
certificate issued for the dangerous animal by a licensed vetennanan,
(4) Provide a copy of a current hablhty insurance pohcy as prescribed by
subsection (b)(3) of this section,
(5) Agree to inspections by animal control officers of the dangerous animal
and the premises on which the dangerous animal IS kept at any reasonable
times to insure compliance with the provisions of this article, and
(6) Pay a dangerous animal permit fee as authorized by the city council and
on file in the office of the city secretary
(f) For the purpose of this section, "signs" shall mean a sign, at least eight mches by
twelve inches, of a permanent nature stating "BEWARE OF DANGEROUS
ANIMAL" in red lettonng on a white background The lettenng shall be no less
than two inches in height and made of a reflective material that is visible in low-
light situations or at night The owner of a dangerous animal 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
(g) The owner shall immediately notify the animal control center of any change in
status of a dangerous ammal, including relocation, transfer of ownership, escape,
or death In the event that the dangerous animal is moved to another location
within the city, the animal control center shall inspect the new location to insure
compliance with this section If ownership of the dangerous animal IS transferred
to another person, that person shall be subject to all requirements of this section
If the dangerous animal is moved to a location outside the incorporated hmits of
the city, the owner shall mform the animal control center of the new location of
the animal The animal control center shall forward a copy of the maglstrate's
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order of disposition to the local animal control authority of the jurisdiction into
which the ammal is being moved
(h) A person commits an offense if he knowingly, lntentaonally, or negligently flub to
perform any act required by this section Each day in which a person IS in
violation of this section shall constatute a separate offense under this section An
offense under this section shall be punishable by a fine of not less than two-
hundred-fifty ($250) dollars
(i) Upon notification that a wolatlon of this section has occurred, an animal control
officer shall immediately impound the animal and the disposition of the animal
shall be determined by a magistrate of the municipal court of the city
(j) If an owner of an ammal deemed to be dangerous is unable to comply with the
conditions set forth m tlms section, the owner shall have the animal humanely
destroyed by a licensed vetennanan or by releasing the animal to the animal
control center If the animal is destroyed by a licensed vetennanan, the owner
shall provide certification from the vetennanan that such destruction was
performed
See 6-39. Impoundment, redemption.
(a) The owner of an animal impounded at the animal control center under the
provisions of this amcle and subsequently determined not to be a dangerous
animal under the provisions of this article may redeem the animal by complying
with the provisions of Section 6-17 of this Chapter, including the payment of fees
authorized by the city council and on file in the office of the city secretary
(b) The owner of an animal impounded under the provisions of this article and
subsequently determined to be a dangerous animal shall, prior to the release of the
animal from any faclhty, provide proof to the animal control center that he has
complied with all conchtions contmned m the order of determination and pay all
fees as authorized by the city council and on file in the office of the city secretary
(c) If an animal impounded under this article IS determined not to be dangerous, the
owner shall be notified that the animal is eligible for redemption and the terms of
redemption The owner shall redeem the animal within ninety-slx (96) hours after
receiving such notice If the owner falls to redeem the ammal within the required
period, the animal shall become the property of the city and shall be euthanlzed
by the animal control center
(d) The owner of an animal that is determined to be dangerous under the provisions
of this article shall notify the animal control center within ninety-slx (96) hours of
their intent to redeem the animal The owner shall redeem the animal within
thirty (30) days after notice that the animal as eligible for redemption If the
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owner fails to redeem the ammal wathln the required penod, the animal shall
become the property of the caty and shall be euthamzed by the ammal control
center The owner shall pay the city tmpound and holdang fees as authorized by
the caty council and on file m the office of the city secretary
SECTION 2 If any section, subsection, paragraph, sentence, clause, phrase, or word an
this ordmance, or application thereof to any person or e~rcumstances as held ~nvalld by any court
of competent jurisdiction, such holding shall not affect the vahdlty of the remmmng portions of
this ordinance, and the C~ty Cotmcfl of the City of Denton, Texas hereby declares it would have
enacted such remalmng portions despite any ~nvalldlty
SECTION 3 Save and except as amended hereby, all the provm~ons, sectaons,
subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain
an full force and effect
SECTION 4 Any person found guilty of wolatmg this ordinance by a court of
competent jurisdiction shall be fined a sum not to exceed five hundred dollars
SECTION 5 Tlus ordinance shall become effective fourteen (14) days from the date of
its passage, and the City Secretary is hereby d~rected to cause the caption of this ordinance to be
pubhshed twice m the Denton Reeord-Chromcle, the officml newspaper of the City of Denton,
Texas, within ten (10) days of the date ofats passage.
P^SSED APPROVEDth, sthe lC--'< dayof ,: ooo
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
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