OR 2007-1176 Animal Services Manager
AN ORDINANCE OF THE CITY OF COPPELL
ORDINANCE NO. 2007-1176
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING
THE CODE OF ORDINANCES BY AMENDING CHAPTER 9, ARTICLE
9-1, ANIMAL SERVICES, SECTIONS 9-1-1 THROUGH 9-1-24, BY
REPEALING ANY AND ALL REFERENCES TO ANIMAL CONTROL
OFFICER AND/OR ANIMAL SERVICES OFFICER AND REPLACING
WITH ANIMAL SERVICES MANAGER; BY REPEALING ALL
REFERENCES TO ENVIRONMENTAL HEALTH DEPARTMENT AND
REPLACING THE SAME WITH POLICE DEPARTMENT; BY
AMENDING SECTIONS 9-1-7. A.(1) AND 9-1-10. A.5. BY DELETING THE
REFERENCE TO ARTICLE 42.11 AND REPLACING WITH ARTICLE
42.09 OF THE TEXAS PENAL CODE; BY AMENDING SECTION 9-1-8 BY
DELETING ALL REFERENCES TO THE ANIMAL SERVICES APPEALS
BOARD AND REPLACING THE SAME WITH THE ANIMAL APPEALS
AND ADVISORY BOARD, AND BY ADDING A NEW SUBSECTION E TO
COMPLY WITH STATE LAW; BY AMENDING SECTION 9-1-11.,
SUBSECTION B, BY DECREASING THE NUMBER OF DAYS
IMPOUNDED ANIMALS WITHOUT CURRENT REGISTRATION
AND/OR VACCINATION SHALL BE HELD FROM FIVE (5) TO THREE
(3); BY AMENDING SECTION 9-1-14., SUBSECTION A.1, TO CORRECT
A TYPOGRAPHICAL ERROR; BY REPEALING SECTION 9-1-18.
SUBSECTION B.1., REQUIREMENTS FOR OWNERS OF DANGEROUS
DOG, IN ITS ENTIRETY AND REPLACING WITH A NEW SECTION 9-1-
18., SUBSECTION B.1., REQUIREMENTS FOR OWNERS OF
DANGEROUS DOG; BY AMENDING SECTION 9-1-18. SUBSECTION D.,
ATTACK BY DANGEROUS DOG, ITEM NUMBER 2 BY DELETING THE
REFERENCE TO CLASS A MISDEMEANOR; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF A
FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00) FOR EACH OFFENSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS,
Chapter 9, Article 9-1, of the Code of Ordinances provides for Animal
Services within the City of Coppell; and
WHEREAS,
after a full review of said Article, staff recommended certain amendments
to be made and has made recommendation to the City Council regarding the same; and
WHEREAS,
after consideration of the recommendation of staff and a full review of
Article 9-1, the City Council finds that Chapter 9, Article 9-1 should be amended as provided
herein.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS
:
SECTION 1.
That Chapter 9, Article 9-1, of the Code of Ordinances be, and the same is,
hereby amended by amending Sections 9-1-1 through 9-1-24, by repealing any and all references
to animal control officer and/or animal services officer and replacing with animal services
manager and by repealing all references to environmental health department and replacing the
same with police department; by amending Sections 9-1-7. A.(1) and 9-1-10. A.5. by deleting the
reference to Article 42.11 and replacing with Article 42.09 of the TPC; by
EXAS ENAL ODE
amending Section 9-1-11., Subsection B, by decreasing the number of days impounded animals
without current registration and/or vaccination shall be held from five (5) to three (3) and by
decreasing the number of days impounded animals with current registration and/or vaccination
shall be held from seven (7) to five (5); by amending Section 9-1-14., Subsection A.1, to correct
a typographical error; by repealing Section 9-1-18. Subsection B.1., Requirements for owners of
dangerous dog, in its entirety and replacing with a new Section 9-1-18., Subsection B.1.,
requirements for owners of dangerous dog; by amending Section 9-1-18. Subsection D., attack
by dangerous dog, item number 2 by deleting the reference to Class A misdemeanor, which shall
read as follows:
“ARTICLE 9-(1) ANIMAL SERVICES*
Sec. 9-1-1. Definitions.
. . . . .
.
(D) Animals not listed: The animal services manager or their designee may declare
. . . .
. . . . .
Sec 9-1-2. Enforcement.
(A) City manager shall designate employees as animal services officers who
shall be assigned to the police department.
. . . . .
Sec. 9-1-7. Revocation and denial of registration.
(A) The animal services manager or their designee may deny or revoke
registration for an animal owned by a person who:
. . . . .
(1) Has been convicted of Texas Penal Code, Article 42.09, as amended,
. . . . .
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Sec. 9-1-8. Animal Appeals and Advisory board
.
(A) There is hereby created the animal appeals and advisory board comprised of
the animal services manager, a veterinarian to be appointed by the city council and
one resident of the city who shall not be an employee and is a member of an animal
welfare organization. The denial or revocation of registration may be appealed by
filing with the animal services manager or their designated representative a written
. . . . .
request for hearing within ten days
. . . . .
(E) The appeals board provided herein shall also act as the animal advisory
committee which shall meet as prescribed by state law in order to insure compliance
with Chapter 826 (Rabies Control Act of 1981), of the THS
EXAS EALTH AND AFETY
C,as amended.
ODE
. . . . .
Sec. 9-1-10. Impoundment.
(A) The following animals may be impounded:
. . . . .
(5) Any animal treated in a manner determined to be in violation of Texas Penal
Code, Article 42.09 or 42.10, as amended.
. . . . . .
Sec. 9-1-11. Redemption of animal.
. . . . .
(A)
(B) Impounded animals shall be held for three days after the date of
impoundment except any animal wearing a current registration and/or vaccination
. . . . .
tag shall be impounded for seven days.
Sec 9-1-12 Disposition of Animals.
. . .
(A) Except as provided herein, direction of the animal services manager or
. . . . .
their designee be placed for adoption,
. . . . .
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Sec. 9-1-13. Adoption of dogs and cats.
. . . . .
(B) Adoption.
. . . . .
(2) The releasing agency, with the approval of the animal services manager, may
. . . . .
refuse
Sec. 9-1-14. Animal quarantine
. . . . .
(B)Quarantine shall be subject to the following conditions:
. . . . .
(2)The animal placed in quarantine shall not be released without prior
notification to and written approval from the animal services manager or
their designee.
(3) Home quarantine at the residence of the owner, if approved by the animal
services manager or their designated representative, must satisfy the
following conditions.
(a)Secure facilities are available and approved by the animal services
manager or their designee.
. . . . .
. . . . .
Sec. 9-1-18. Dangerous dogs.
. . . . .
(B) Requirements for owner of dangerous dog.
1. Not later than the 30th day after a person learns that the person is the owner
of a dangerous dog, the person shall comply with all guidelines of Texas Health
& Safety code: 822.041, 822.042. The following provisions shall be met:
a. Register the dangerous dog with the Animal Services Manager or their
designated representative and pay an annual registration fee of $500.
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b. The dangerous dog may not have access to public parks or trails,
playground areas, school grounds, daycare facilities or any other area
children commonly congregate.
c. Restrain the dangerous dog at all times on a leash and muzzle and be in
control of the animal.
d. Keep the dangerous dog confined at all times in a secure enclosure as
defined in this chapter and approved by the Animal Services Manger or
their designated representative.
e. Obtain liability insurance coverage or show financial responsibility in the
amount of at least $100,000 to cover damages resulting from an attack by the
dangerous dog causing bodily injury to any person. Liability insurance
coverage must specify the dangerous dog by name and breed.
f. A clearly visible sign must be posted at all times and viewable by the
general public that specifies that a dangerous dog lives at the owner's
address.
g. Comply with all applicable State and local regulations, requirements, or
restrictions on dangerous dogs.
. . . . .
D. Attack by dangerous dog.
. . . . .
(2)An offense under this subsection is a Class C misdemeanor, unless the attack
causes serious bodily injury or death.
. . . . .
Sec. 9-1-20. Commercial businesses.
A.No person shall engage in the business of selling, grooming, breeding, or the
boarding of animals without first having obtained a permit from the city. Written
application for a permit and payment of the applicable permit fees shall be made to
. . . . .
the animal services manager or their designee.
. . . . .”
SECTION 2.
All provisions of this ordinance of the City of Coppell is an addition to
other ordinances or charter provisions; however, in the event this is in conflict with the
provisions of this ordinance, be, then the provisions and the same are hereby, repealed, and all
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other provisions of the ordinances of the City of Coppell not in conflict with the provisions of
this ordinance shall remain in full force and effect.
SECTION 3. Should any sentence, paragraph, subdivision, clause, phrase or section of
this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not
affect the validity of this ordinance as a whole, or any part or provision thereof other than the
part so decided to be invalid, illegal, or unconstitutional, and shall not affect the validity of the
Code of Ordinances of the City ofCoppell, Texas.
SECTION 4. That the Code of Ordinances of the City of Coppell, Texas, as amended,
shall remain in full force and effect, save and except as amended by this ordinance.
SECTION 5. Any person, firm or corporation violating any of the provisions of this
ordinance or the Code of Ordinances, as amended, shall be subject to a fine not to exceed the
sum of Two Thousand ($2,000.00) dollars for each offense, and each and every day such offense
shall continue shall be deemed to constitute a separate offense.
SECTION 6. That this Ordinance shall take effect immediately from and after its
passage and publication, as the law and charter is such cases provide.
DUL Y PASSED by the City Council of the City of Coppell, Texas, this M-~ay of
atr-.dZ007
By:
ATTEST:
By:
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By:
ROBERT E. HAGER, C
(REH/cdb 06/19/07)
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