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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 Page 1 of 28 "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 Page 2 of 28 "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 Page 3 of 28 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 Page 4 of 28 (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, Page 5 of 28 (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 Page 7 of 28 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, Page 8 of 28 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 Page 9 of 28 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 Page 10 of 28 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 Page 11 of 28 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 Page 26 of 28 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 Page 27 of 28 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 Page 28 of 28