Loading...
OR 90-471 Animal control AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 90471 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING ARTICLE 9-1 OF THE CODE OF ORDINANCES OF THE CITY OF COPPELL PROVIDING GENERAL REGULATIONS FOR THE CONTROL OF ANIMALS WITHIN THE CORPORATE LIMITS OF THE CITY; RENAMING THE POSITION OF ANIMAL CONTROL OFFICER; EXTENDING THE HOLDING PERIOD FROM 72 HOURS TO FIVE DAYS; INCREASING PET REGISTRATION FEES; OMITTING THIRTY DAY RETURN CLAUSE ON ADOPTED ANIMALS; INCREASING DAILY HANDLING FEES; AND ESTABLISHING A TRAP LOAN DEPOSIT FOR LARGE ANIMALS; AND RELIEVING THE ANIMAL CONTROL OFFICER OF THE DUTY TO IMPOUND ANIMALS ON THE PREMISES OF ANOTHER; PROVIDING A REPEALING CLAUSE; PROVIDING A SEERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. AMENDING ARTICLE 94 OF CHAF1TMI 9 OF THE CITY CODE OF ORDINANCES TO PROVIDE FOR THE REGULATION AND CONTROL OF ANIMALS Article 9-1 "Animal Control" of Chapter 9 of the Code of Ordinances of the City of Coppell is hereby amended by to read as follows: "ARTIcI.R 9-1 ANIMAL CONTROL Section 9-1-1 DEFINITIONS Animal shall mean any living creature, including, but not limited to: dogs, cats, cows, horses, birds, fish, mammals, reptiles, insects, fowls, and livestock both large and small, but specifically excluding human beings. AplmaI Control Officer or Deputy Officer(s) shall mean an employee(s) of the City of Coppelf who is responsible for the enforcement of the provisions of this Article. Cats shall mean both male and female of the cat (feline) kind. Dogs shall mean both male and female of the dog (canine) kind. Fighti!lg Animal shall mean any animal which has been bred and trained for fighting in the so-called sport of animal fighting. AMENDING ANIMAL CONTROL ORDINANCE - PAGE 1 Livestock, large shall mean horses or any member of the domesticated horse family, including but not 1Lmited to: mules, donkeys, and ponies; and all types of varieties of cattle, bulls, and all members of the cow family. Livestodq Small shall mean all types of domesticated swine, sheep, and goats. Owner shall mean any person, firm, or corporation having title to any animal; or a person who has, harbors, or keeps, or who causes or permits to be harbored or kept, an animal in theix care. Running-At-large shall mean not completely confined by a building, wall or fence of sufficient strength or construction to restrain the animal, except when such animal is either on a leash, or held in the hands of the owner or keeper, or under direct supervision of the owner within the limits of the owner's private property. Any animal within an automobile or other vehicle of its owner or owner's agent shall not be deemed at large. Videus Animal shall mean any animal that commits an unprovoked attack on a person or animal on public or private property, or that attacks, threatens to attack, or terrorizes a person on public property or in a public place, or that has behaved in a manner that the person who harbors said animal knows or should reasonable know that the animal is possessed of tendencies to attack or bite persons. No dog may be declared vicious if the threat, injury or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing, or assaulting the dog or has, in the past, been observed or reported to have teased, tormented, abused or assaulted the dog or was committing or attempting to commit a crime. Unprovoked with respect to an attack by an animal shall mean that the animal was not hit, kicked or struck by a person with an object or pan of a person's body nor was any pan of the animars body pulled, pinched or squeezed by a person. Wild Animal shall mean any venomous or dangerous reptile, or any other animal which can normally be found in the wild state not normally capable of being domesticated, including but not limited to: skunks, foxes, ferrets, leopards, panthers, tigers, lions, lynxes, unless certified for medical, biological, herpetological, or other scientific research or study. AMENDING ANIMAL CONTROL ORDINANCE - PAGE 2 Sec. 9-1-2 OlqqCE OF ANIMAL CON'rI~OL Officer A. CREATION OF POSITION There shall be and is hereby created the position of Animal Control Officer for the City of Coppell. B. APPOINTMENT OF ANIMAL CONTROL OFFICER The City Manager shall appoint an employee an Animal Control Officer. Such Animal Control Officer and any authorized deputies shall be assigned to the Environmental Health Department. C. DUTIES OF THE ANIMAL CONTROL OFFICER It shall be the duty of the Animal Control Officer and their deputies to enforce all state and local laws regulating animals and under the direction of the Environmemal Health Officer to administer and enforce such regulations which the Local Health Authority is authorized to administer and enforce. D. PO~ OF OFFICE. RS, DEPU-rlES AND PEACE OFIqCE. RS The Animal Control Officer, their deputies and peace officers are authorized to impound any animal mentioned in this Article which is in violation of this Article. In the event the animal is on private property or property of animal's owner, the Animal Control Officer, their deputies and peace officers may emer the property, other than a private dwelling, for the purpose of impoundment or issuance of a dtation, or both, subject to the applicable provisions of law. E. ANIMAL CONTROL OFFICER TO ISSUE CITATIONS FOR VIOLATIONS Any Animal Control Officer shall have the authority to issue citations for any violation of this Article. If the person being cited is not present, the Animal Control Officer may send the citation to the alleged offender by registered or certified mail. F. UNLAWFUL TO IN'rERFERE WITH ANIMAL CONTROL OFFICER It shall be unlawful for any person to interfere with any Animal Control Officer or deputy in the performance of their duties. AMENDING ANIMAL CONTROL ORDINANCE - PAGE 3 A deposit of $25.00 shall be made when requesting a small animal trap from the City, $75.00 deposit on large size traps. See. 9-1-3 ANIMALS RUNNING-AT-LARGE It shall be unlawful for any dog, or other animal possessed, kept, or harbored, to run at large within the corporate limits of the City, as the term "run at large" is defined herein. Sec. 9-1-4 ANIMAL VACCINATIONS AND REGIS'I'RATION A. VACCINATION REQUIRED All dogs and cats over four (4) months of age must be vaccinated every twelve (12) calendar months for rabies with an anti-rabies vaccine approved by the United States Depmhxtent of Agriculture and administered by a duly authorized veterinarian. A metal certificate of vaccination with the year of vaccinations, a certificate number, and the name, address and phone number of the vaccinating veterinarian, must be securely attached to a collar or harness that must be worn by the animal at all times. In addition to the metal certificate, a paper certificate must be issued stating the name of the owner, the address of the owner, description of the animal, the date of the vaccination, the number of the metal certificate and the kind of vaccine used. B. REGISTRATION REQUI]~F.n 1. No owner shall have within the city any dog or cat four (4) months of age or older urdess such dog or cat is currently registered with the City. A current metal registration certificate issued by the City, must be affixed to a collax or harness that must be worn by the animal at all times. No dog or cat shall be registered until it has a current vaccination. 2. Application for initial issuance or renewal of each registration must be made by the owner in writing or in person, and be accompanied by a fee of eight dollars ($8.00), unless the cat or dog being registered has been neutered or spayed and proof of such surgical sterilization can be shown, then the fee will be four dollars ($4.00). If the original current registration certificate is lost or destroyed, the owner may obtain a duplicate registration from the City by paying a fee of two dollars ($2.00). Dogs and AMENDING ANIMAL CONTROL ORDINANCE - PAGE 4 cats under the age of six (6) months shall be registered at the sterilized fee. Animals may be exempted from sterilization or rabies vaccination provision upon written recommendation from a veterinarian that such alteration would be harmful or dangerous to the animal. Fee exempt registration may be issued for the following: a. Police or Sheriffs department dog, and b. Dogs trained to assist the audio or visually impaired person. c. Special rabies vaccination clinics offered at redueed rates co-sponsored by the City. Eligibility for fee exempt registration does not relieve the owner of their responsibility under other provisions of this Article. 3. Registration certificates shall be renewed annually. Registration certificates shall be effective for one (1) year from the date of issuance, urdess sooner renewed. C. VETERINARIAN TO BE DEPUTY COI.I.ECTOR The City Manager is authorized to designate any licensed veterinarian to be a Deputy Collector of registration fees and upon such designation such veterinarian shall have authority to issue dog and cat registration licenses upon completion of vaccination. Each such Deputy Collector of registration fees shali, on or before the fifth day of each month, turn in to the City all monies collected by them during the preceding month along with a report of such collections upon such form as the City may devise and distribute. For their assistance in such collection, the Deputy Collector of this fee shall be entided to one dollar ($1.00) per registration. Tags will be provided by the City consecutively numbered. D. REGISTRATION AND/OR VACCINATION CERTIFICATES ONLY VAIJD FOR ANIMAL TO WHICH ISSUED Registration and/or vaccination certificates (and tags) shall be valid only for the animal for which it was originally issued. If there is a change in ownership of a registered dog or cat, the new owner shall have the registrarion transferred to their name. There shall be no charge for said transfer. Application for such transfer shall be made to the City in writing or in person. AMENDING ANIMAL CONTROL ORDINANCE - PAGE S E. CITY 1VLA.Y ~SE OR ~OKE ANIIVLAL lq,E. GISI-F, ATION The City may refuse to register an animal, or revoke a permit issued to any person who has been convicted in any duly authorized court of jurisdiction in the State of Texas, or resides with any person so convicted of any of the following: 1. Cruelty to animals as defined in the Texas Penal Code, Article 42.11, inhumane treatment, or negligence to an anLrnal, and (Ord. 87-380) 2. Conviction of four (4) or more separate and distinct violations of an animal control ordinance of a municipality in the State of Texas, within any twelve (12) month period. Sec. 9-1-5 APPEAL FROM REFUSAL OR REVOCATION OF ANIMAL REGISTRATION A. There is hereby created an Appeal Board known a the Animal Control Appeal Board, which shall be comprised of the City of Coppeil Local Health Authority (also known as the City Health Officer), a veterinarian to be appointed by the City Counc~ and one additional member who shall be a citizen of the City of Coppell, but shall not be an employee of the City. ff any person is denied a registration, or a registration is revoked, they may appeal the refusal or revocation to said Appeal Board by filing with the City Manager a written request for hearing within ten (10) days after denial or revocation. The filing of a request for an appeal hearing with the City Manager stays an action of the City in revoking a registration until the Appeal Board makes a final decision. If a request for an appeal hearing is not made within the ten (10) day period, the denial or revocation is final. B. The Appeal Board shall elect a Chair from its members. The Board at an appeal hearing shall consider evidence offered by any interested person. The formal rules of evidence do not apply to an appeal hearing; the Appeal Board shall make its decision on the basis of a preponderance of the evidence presented at the hearing. The Board must render a decision within fifteen (15) days after the request for an appeal hearing filed. The Board shall affn-m or reverse the denial or revocation, and ks decision is final unless the person making the appeal ties a written request with the City Council for a hearing within tan (10) days after receipt of notice of the action of the Appeal Board. A written request to the City Council stays the action of the Appeal Board in denying or revoking a registration until the City Council renders a final decision. AMENDING ANIMAL CONTROL ORDINANCE - PAGE 6 C. If a request for an appeal hearing with the City Council is filed within the ten (10) day period, the City Council shall hear and consider evidence offered by any interested person. The formal rules of evidence do not apply to an appeal hearing before the City Council. The City Council shall decide the appeal on the basis of a preponderance of the evidence presented at the hearing. The City Council shall affirm or reverse the action of the Appeal Board by a majority vote; failure to reach a majority decision on a motion shall leave the Appeal Board decision unchanged. The result of an appeal hearing before the City Council is final. The City Council must render a decision at the next regularly scheduled City Council meeting after the appeal is filed. Sec. 9-1-6 GUARD DOGS Any person having care, control, or custody of any dog which has received guard dog maining must register such dog with the City. Any dog which has received guard dog training may be disposed of pursuant to the provisions of this Article. The Animal Control Officer may use such force as is reasonably necessary to protect the health, safety and welfare of the citizens of the City in apprehending a guard dog which is found running-at-large. The owners or keepers of a guard dog shall be subject to the other provisions of this Article. An ID collar identifying the dog as a guard dog must be worn at all times, and the dog must wear a muzzle when off the owner's premises and restrained by a substantial chain or leash not exceeding six (6) feet in length and under the control of a responsible person. The muzzle must be made in a manner that will not cause injury to the dog or interfere with ks vision or respiration but must prevent it from biting any person or animal. Sec. 9-1-7 IMPOUNDMF_aNT OF ANIMALS A. ANIMAt,q WHICH MAY BE IMPOUNDED 1. Cats and dogs not exhibiting evidence of being vaccinated or registered, as descn'bed in Section 9-1-4 of this Article. 2. Any animal infected or kept under conditions which could endanger the public or animal health. 3. Any animal that creates a nuisance. 4. Any animal running-at-large, as provided in Section 9-1-3 of this Article. AMENDING ANIMAL CONTROL ORDINANCE - PAGE 7 5. Any animal treated in a manner determined by the Animal Control Officer to be cruel or inhumane. 6. Any animal that has bitten a human being, or needs to be placed under observation for rabies determination, as determined by an Animal Control Officer. 7. Any animal found to be in violation of any provision of t_his Ardcjeo B. CONI, INEMENT OF ANIMAL ON PREMISES OF ANOTHER If any of the animals named in this Article are found upon the premises of any person, the owner or occupant of the premises may con_fine such animal in a humane manner until they can noti/y the Animal Control Officer to come and impound such animal. C. CITY TO ESTABLISH A POUND The City shall select and establish a place for al] animals impounded under any provision of this Article. D. ANIMAL CONTROL OFFICER TO NOTIFY OWNER OF IMPOUNDED ANIMAL OR LIVESTOCK Reasonable effort shatl be made by an Animal Control Officer to contact the owner of any animal impounded which is wearing a current registration tag; however, final responsibility for location of an impounded animal is that of the owner. E. I~F. nEMPTION OF IMPOUNDED ANIMALq BY OWNER The owner can resume possession of any impounded animal upon payment of impoundment fees, handling fees, and any veterinarian bills incurred by Animal Control for the welfare of the animal and upon compliance with vaccination and registration provisions of this Code, except as prohibited below: 1. Disposition of animals impounded on the grounds of cruel or inhumane treatment shall be determined by the court of jurisdiction. 2. If any animal is being held under quarantine or observation for rabies, the owner shall not be entitled to possession until it has been released from quarantine. AMENDING ANIMAL CONTROL ORDINANCE - PAGE 8 F. IMPOUNDMENT FF.F_q AND HANDLING CHARGES 1. Impoundment fees shall be: a. Class A: Dogs and cats (each cat or dog spayed or neutered) First Second Third Fourth Imp. in Imp. in Imp. in Imp. in 12 Mths 12 Mths 12 Mths 12 Mths $10.00 $20.00 $40.00 $80.00 Unspayed and urmeutered: First Second Third Fourth Imp. in Imp. in Imp. in Imp. in 12 Mths 12 Mths 12 Mths 12 Mths $15.00 $30.00 $60.00 $120.00 (If proof of surgical ste~llzation is provided within fifteen (15) days from the date an animal is registered, the difference in impoundment and other fees between sterilization and unsterilization will be refunded.) Dogs and cats under the age of six (6) months shall be charged the sterilization fee. Animals may be exempted form sterilization upon written recommendation from a licensed veterinarian that such alternatives would be harmful or dangerous to the animal Owners of these animals are to be subject to the lower impoundment fee. b. Class B: Small livestock, such as: goats, sheep, lambs, calves, foals, and animals of the same approximate size and weight, each animal: First Second Third Fourth Imp. in Imp. in Imp. in Imp. in 12 Mths 12 Mths 12 Mths 12 Mths $30.00 $40.00 $50.00 $60.00 AMENDING ANIMAL CONTROL ORDINANCE - PAGE 9 c. Class C: Large livestock, such as: carfie, homes, ponies, mules, and animals of the same approximate size and weight, each animal: First Second Third Fourth Imp. in imp. in Imp. in Imp. in 12 Mths 12 Mths 12 Mths 12 Mths 850.00 $60.00 $70.00 $80.00 d. cla~s D: Wild Animals: For wild animals requiring capture by division personnel: SAME AS CLASS C If animal already contained: SAME AS CLASS A (NEUTERED) NOTE:The Animal Control Officer shall determine the "class" of any animal not listed above. 2. Daily Handling Fees A daily handling fee shall be charged for every day, or fraction thereof, that an animal is at the animal shelter or confined by City personnel. Said fee shall be based upon the class of animal enumerated in SecHon 9-1-7 (F)(1) above: C. lags A ........................................$9.00 Class B ........................................$9.00 C2mss C ........................................$10.00 Class D ........................................$10.00 3. Observation Fees for Animals in Quarantine The owner of any animal held in quarantine for observation purposes shal/be charged five dollars ($5.00) for every day or fraction of a day an animal is at the animal shelter. This is in addition to any impoundment or daily handling fee. AMENDING ANIMAL CONTROL ORDINANCE - PAGE 10 4. Other Fees Any other costs that have been incurred by the City may be charged to the owner or adopting party. G. I1ViPOUNDED ANI]VIALS TO BE ELrrHANIZE. n 1. Any animal, except vicious or wild animals, not reclaimed by the owner may be humanely euthardzed after being impounded for at least five (5) full days, except that any anLmal wearing a current registration and/or vaccination tag shall be impounded for at least seven (7) full days. 2. Any impounded vicious or wild animal, unless there is reason to believe that it has an owner, may be immediately disposed of as may be deemed appropriate by an Animal Control Officer. 3. Any nursing baby animal impounded without the mother, or where the mother cannot or refuses to provide nutritious milk, may be immediately euthanized to prevent further suffering. 4. An owner who no longer wishes responsibility for an animal, or believes the animal to be in an ill or injured condition, may sign a written waiver supplied by the Animal Control Officer allowing the animal to be immediately euthanized in a humane manner, provided that no warm blooded animal that has bitten a human being shall be euthanized unt~ the Local Health Authority or the veterinarian supervising the quarantine has released the animal from such quarantine status. The quarantine shall be for a period of not less than ten (10) days. Pets released to the Animal Control Officer by their owner for euthanasia or disposal shall be charged a fee for this service. a. Cats $20.00 b. Dogs (less than 25 pounds) $25.00 c. Dogs (over 25 pounds) $30.00 With financial hardship cases, these fees may be waived in whole or in part by the City. 5. Any impounded animal that appears to be suffering from extreme injury or illness may be euthanized or given to a nonprofit humane organization by the Animal Control Officer. AMENDING ANIMAL CONTROL ORDINANCE - PAGE 11 H. ADOPTION OF IMPOUNDED ~ 1. Any hnpounded cat or dog not wem-ing a registration certificate may be given up for adoption after five (S) days, except those under quarantine. Any impounded cat or dog wearing a registration certificate may be given up for adoption on the seventh (7th) day of confinement. 2. An individual may adopt an animal (dogs and cats only) from the City Animal Sheker under the following conditions: a. The animal has been classified as adoptable by the Animal Control Officer. b. The prospective adopter has proper facilities to care for the animal. c. The prospective adopter obtains all necessary vaccinations and registrations at their expense. 3. The Animal Control Officer may refuse to allow a person to adopt a cat or dog of whom he has reason to believe: a. Would not be able to obtain a registration certificate under restrictions of this Article. b. Would not have proper facilities to contain or care for the animal, as required by this Article. c. Wants the dog or cat for the purpose or resale or for purposes other than pet ownership. d. Would not be a suitable owner within the sole discretion of the Animal Control Officer. e. That the cat or dog would be a hazard to humans or other Sec. 9-1-8 ANIMAL QUARANTINE AND RABIES CONTROL A. ANIMAL CONTROL OFFICER CAN ORDER QUARANTINE OF ANIMALS The Animal Control Officer and Environmental Health Officer shall have the authority to order the quarantine of animals responsible for bite incidents, or suspected of having any zoonotic disease considered to be AMENDING ANIMAL CONTROL ORDINANCE - PAGE 12 a hazard to the human population or other animals. All animal bke reports shall be investigated by Animal Control. The Animal Control Officer shall direct the disposition of any animal suspected of being rabid or having any other zoono~c disease considered to be a hazard to any other animal or human being. B. QUARANTINE OF ANIMALS WHICH HAVE BI'I'IKN Every animal that bites a human or attacks another animal in an unnatural manner, shall be immediately confined by the owner, who shall promptly notify the Animal Control Officer, of the place where such animal is confined and the reason therefor. The owner shall not permit such animal to come in contact with any other person or animal. The owner shall surrender possession of such animal to the Animal Control Officer on demand for supervised quarantine. Supervised quarantine shall be at the animal shelter or a veterinary hospital, or by any other method of adequate confinemere approved by the Animal Control Officer. The quarantine shall be for not less than ten (10) days and shall be under the supendsion of a veterinarian, who shall submit to Animal Control written reports as to the animal's health on the initial day of observation and on the fifth (Sth) and tenth (10th) days immediately following the date of said bite incident or above enumerated purposes of quarantine. A release from quarantine may be issued if no signs of rabies have been observed during the quarantine period. Any animal quarantined other than at the animal shelter shall be observed by the same veterinarian throughout the entire required quarantine period in the same manner as outlined above, and the owner shall immediately notify the Animal Control Officer as to the veterinarian supervising the quarantine. If the Animal Control Officer orders quarantine other than in the animal shelter or veterinary hospital, the owner shall be responsible for confining the animal. They shall also be required to obtain the same veterinary supervision of the animal, and release from quarantine as required in a veterinary hospital or at the animal shekel Any person having possession of, or responsibility for, any quarantined animal shall immediately notify the Animal Control Officer if such animal escapes, or becomes or appears to become sick, or dies; and, in case of death of the animal while under quarantine, shall immediately surrender the dead animal to the Animal Control Officer for diagnostic purposes. AMENDING ANIMAL CONTROL ORDINANCE - PAGE 13 C. VIOLATING QUARANTINE RESTRICTIONS JUST CAUSE FOR IMPOUNDMENT The violation of quarantine by any person shall be just cause for seizure and impoundment of the quarantined animal by Animal Control. It shall be unlawful for any person to interrupt the observation period. D. KILI.ING OR REMOVING OF ANIMAL SUSPECTED OF RABIES OR piAf:E.D UNDER QUARAN'I'INE FROM CrlY UNLAWFUL Without permission of the Animal Control Officer, it shall be unlawful for any person to kill or remove from the city limits any animal that has bitten a person or other animal, or that has been placed under quarantine, except when it is necessary to kill such animal to protect the life of any person or other animal. E. CARCASSES OF DEAD ANIMALS SUSPEurED OF RABIES TO BE SURRENDERED TO ANIMAL CONTROL OFFICER The carcass of any dead animal exposed to rabies, or suspected of having been rabid, shall, upon demand, be surrendered to the Animal Control Officer. F. DISPOSITION OF ANIMAKS EXPOSED TO RABIES Any person having knowledge of the existence of any animal known to have been, or suspected of being, exposed to rabies must immediately report such knowledge to the Animal Control Officer or Environmental Health Officer, giving any information which may be required. For any animal known to have been, or suspected of being, exposed to rabies, the animal shall be handled in one (1) of the following manners: 2. Humane destruction, with notification to, or under the supervision of, the Animal Control Officer. 2. If not currently vaccinated, quarantine in a veterinary hospital for at least ninety (90) days immediately following the date of the exposure, or 3. If currently vaccinated, mediate revaccination and quarantine for at least thirty (30) days immediately following the date of the exposure. If a veterinarian determines that the quarantined animal does not show the clinical signs of rabies, it may be released to the owner upon expiration of the quarantine period provided the owner has paid all of AMENDING ANIMAL CONTROL ORDINANCE - PAGE 14 the reasonable costs of such quarantine and any veterinarian bills. However, if the quarantined animal does show clinical signs of rabies, the animal shall be humanely destroyed and its head or brain submitted to the nearest laboratory, certified by the Texas Department of Health for rabies diagnosis, for testing. No wild animal will be placed in quarantine. All wild animals will be humanely destroyed in such manner that the brain is not mutilated. The brain will then be submitted to a laboratory, certified for rabies diagnosis, in order to be tested. G. UNLAWFUL TO FAIL OR REFUSE TO SURRENDF_,R ANIMAL FOR QUARANTINE OR DEb'fRUCflON No person shall fail or refuse to surrender an animal for supervised quarantine or humane destruction, as required herein for rabies control, when demand therefor is made by an Animal Control Officer. Sec. 9-1-9 ANIMAL NUISANCES The following shall be considered a public nuisance and shall be unlawful: A. The keeping of any animal, which causes frequent or long continued offensive odors in the vicinity. B. The keeping of any animal in such a manner as to endanger the public health; to annoy neighbors by the accumulation of animal wastes which cause foul and offensive odors, or are considered to be a hazard to any other animal or human being; or by continued presence on the premises of another, or which constitutes or becomes a health hazard as determined by the Environmental Health Officer or Local Health Authority. C. All animal pens, stables or enclosures in which any animal may be kept or confined which, from use, have become offensive to a person or ordinary sensibilities. D. The keeping of bees in such a manner as to deny the lawful use of adjacent property or endanger personal health and weftare. E. Persistent laxness in supervision of animals that this results in disturbance to persons or ordinary sensibilities, or causes property damage. F. It sha.ll be unlawful and a public nuisance for any person to harbor or keep on their premises, or in or about their premises, or premises under AMENDING ANIMAL CONTROL ORDINANCE - PAGE 15 their control, any dog or animal of the dog kind, which by loud or unusual barking or howling shall cause the peace or quiet of the neighborhood or the occupants of adjacent premises to be disturbed. Sec. 9-1-10 ANIMALS PROHIBITED AS NOVELTIES A. UNLAWFUL TO SEIL, BARTER, OR GIVE AWAY FOWL UNDER THREE (3) WE. EF, S OLD AND RABBITS UNDER TWO (2) MONTHS OLD It shall be unlawful for any person to seE, offer for sale, barter, or give away as toys, premiums or novelties, baby chickens, ducklings or other fowl under three (3) weeks old; rabbks under nvo (2) months old; unless the manner or method of display is first approved by the Animal Control Officer. B. UNI~W]rLIL TO SEI.I. OR GIVE AWAY COLORED, DYED OR STAINED FOWL OR RABBITS It shall be unlawful to color, dye, stain, or otherwise change the natural color of any chickens, ducld/ngs, other fowl, or rabbits, or to possess for the purpose of sale or to be given away, any of the above mentioned animals which have been so colored. Sec. 9-1-11 WILD ANIMALS PROI-I]BH'ED It shall be unlawful to keep any wild an/rnal inside the City of Coppell. Sec. 9-1-12 VIGIOUS ANIMALS A. VICIOUS ANIMALS RUNNING-AT-LARGE PROHIBITED It shall be unlawful to release or allow to run-at-large any wild or vicious animal. The Animal Control Officer or any peace officer of the City may use such force as is necessary to protect the public health, safety and welfare in apprehending or preventing any such vicious or wild animal to run at large. B. ANIMAL CON'll~OL OFFICER MAY ORDER EXPULSION OF VICIOUS ANIMAL FROM CITY The Animal Control Officer may order in writing an), owner or person having care, control, or custody of any vicious animal to take such animal perrnanen~y from the dry. This animal must be removed inunediately following receipt of such written order, unless an appeal is immediately initiated as provided herein. AMENDING ANIMAL CONTROL ORDINANCE - PAGE 16 The owner or person having care, custody, or control of a vicious animal must report the disposition and relocation of such animal to the Animal Control Officer, in writing, within ten (10) days after the expiration date for removal of such animal from the City. Each day thereafter that such information is not provided shall constitute a separate offense. The Animal Control Officer shall be authorized to obtain a search and seizure warrant if there is reason to believe that an animal ordered removed form the City for being vicious has not been so removed. C, FAILURE TO REMOVE VICIOUS ANIMAL FROM CITY If the owner or person having care, custody or control of a vicious animal fails to remove such animal as provided for in subsection 9-1- 12 (B) of this Afficle, such animal may be impounded pursuant to the seizure warrant authorized by subsection 9-1o12 (B), and thereafter such animal may be disposed of as provided for herein. See. 9-1-13 APPEAL FOR REMOVAL OF VICIOUS ANIMALS A. If any person is ordered, in writing, to remove a vicious animal form the City, they may appeal the written order to the Animal Control Appeal Board created by this Artic]e, by filing with the City Manager a v~tten request for a hearing within ten (10) days after receipt of the writren order. The filing of a request for an appeal hearing with the City Manager stays an action of the City ordering the removal of a vicious anixnal from the City unti] the Appeal Board makes a final decision. if a request for an appeal heaxlng is not made within the ten (10) day period, the order to remove is final. B. The Appeal Board shall e]ect a Chair from its members. The Board at an appeal hearing shall consider evidence offered by any interested person. The formal rules of evidence do not apply to an appeal hearing; the Appeal Board shall make its decision on time basis of a preponderance of the evidence presented at the hearing. The Board must render a decision within fifteen (15) days after the request for an appeal hearing is filed. The Board shall affirm or reverse the denial or revocation, and its decision is final unless the person making the appeal files a written request with the City Council for a hearing within ten (10) days after receipt of notice of the action of the Appeal Board. A written request to the City Council stays the action of the Appeal Board in ordering the removal of a vicious animal from the City. C. If a request for an appeal hearing with the City Council is filed within the ten (10) day period, the City Council shall hear and consider evidence offered by any interested person. The formal rules of evidence AMENDING ANIMAL CONTROL ORDINANCE - PAGE 17 do not apply to an appeal heating before the City Council. The City Council shall decide the appeal on the basis of a preponderance of the evidence presented at the hearing. The City Council shall aftinn or reverse the action of the Animal Control Appeal Board by a majority vote; failure to reach a majority decision on a motion shall leave the Appeal Board decision unchanged. The result of an appeal hearing before the City Council is final. The City Council must render a decision at the next regularly scheduled City Council meeting after the appeal is filed. Sec. 9-1-14 FIGHTING ANIMALS It shall be unlawful for any person to keep, own, maintain, harbor or bring into the corporate limits of the City of Coppell any dog or other animal which has been used or trained in the so-called sport of animal fighting. If it comes to the attention of the Animal Control Officer that such a fighting animal is being kept, m~ntained, harbored or brought into the City of Coppeil, written notice shall be given by the Animal Control Officer to the owner of said animal to remove such animal from the limits of the City wig ten (10) days of receipt of such notice. Thereafter, each day such animal remains in the City shall constitute a separate violation of this Article. In addition to the penal remedy set forth herein, the City may seek a determination and order of a court of competent jurisdiction that said animal is an animal used or trained in the so- called sport of animal fighting, does constitute a public nuisance, and should be removed from the City or impounded or destroyed. Sec. 9-1-15 REGULATING COMMERCIAL BUSINESSES ASSOCIATED WITH ANIMALS A. PERMIT REQUIRED FOR COMMKRCIAL BUSINESSES No person shall conduct the commercial business of selling, grooming, breeding, showing, exhibiting or boarding of animals without a valid permit from the Animal Control Officer. A commercial business is defined as trading or seEdrig goods or services, especially of raising, selling or slaughtering small or large livestock, or selling animals for pets. B. CO1VIPLIANCE WTI'H ALL REGULATIONS REQUI]~KD Every person engaged in the business of buying, selling, grooming, breeding, showing, exhibiting or boarding of animals, and all persons who conduct animal dub shows, must comply with all existing regulations governing said business or show, and shall maintain said anlrnals in compliance with this Article so as not to endanger the public or animal health or safety, or create a nuisance. AMENDING ANIMAL CONTROL ORDINANCE - PAGE 18 C. APPLICATION FOR PERM]T Application for permits and payment of the appropriate fee shall be made to the Animal Control Officer on forms furnished by Animal Control. The application will not be approved until certification has been received from appropriate dry officials that the zoning, construction and facility comply with existing ordinances for establishments housing such business. If the permit application is approved by the Animal Control Officer, a permit shall be issued and any special conditions adhered to by the permittee. The Animal Control Officer shall make any inspections necessary to assure compliance under this section. Animals shall be kept under sanitary conditions so as not to endanger the public or animal health, or create a nuisance. Certificates of liability may be required to be furnished by a bona fide insurance company in an amount to be specified by the City. D. DURATION AND RENEWAL OF PERMIT All permits issued under this section shall be valid for the following twelve (12) months and shall be renewed annually thereafter by proper written application and payment of fee. No permit issued under this section shall be renewed without the approval of the Animal Control Officer. Permits to show or exhibit animals (rodeos, circuses, shows, etc.) shall be valid only for the thirty (30) day period immediately following issue. No permit shall be transferable. E. PERMIT FEES The foliowing fees shall be charged for: 1. Show or exhibition ......................................$25.00 2. Grooming .....................................................$25.00 3. Commercial Dealer (Retail an&or Wholesale Distributor) ................................................... $50.00 4. Commercial Stables ....................................$100.00 Persons requiring more than one (1) such permit shall be charged one (1) fee for all of the permits. Such fee shall be equal to the amount of the highest individual permit fee which would have been charged if the permits had been separately issued, AMENDING ANIMAL CONTROL ORDINANCE ~ PAGE 19 F. PERMITS TO BE PROMINENTLY DISPLAYED All businesses deserlbed in this section must display the required permits in public view at said business. G. EXEMPTIONS 1. In cases involving a scientific or educational program, a nonprofit organization's show, exhibition, or humane activity, or animals owned by the city, the Animal Control Officer or the Envh'oumental Health Officer may waive in writing any requirements of this section concerning permits, fees, or conditions within their discretion. 2. Licensed veterinarians and veterinary clinics are exempt form this section. S. The permit required by this Article shall not apply to any person pasturing livestock in an area properly zoned for that use. The number and type of livestock must be registered with Animal Control and a drawing of the property subn,jtted at least annually if changes occurred in the number or type of livestock. No fee to register livestock shall be assessed. H. ANIMAL TRAPPING AND POISONING WrlHOUT PERMIT PROHIBrrI~;D Any form of animal trapping or poisoning without a permit from the Animal Control Officer is prohibited. I. REVOCATION OF PERMITS The Animal Control Officer may revoke in writing any permit for failure to comply with regulations contained herein. Sec. 9-1-16 APPEAL OF REVOCATION OF PERMITS A. If the City revokes a permit under Section 9-1-15, the permit holder may appeal such revocation to the Animal Control Appeal Board created by this Article, by filing with the City Manager a written request for a hearing, within ten (10) days after receipt of the revocation. The filing of a request for an appeal heating with the City Manager stays an action of the City revoking a permit until the Appeal Board makes a final decision. If a request for an appeal hearing is not made within the ten (10) day period, the revocation is final. B. The Appeal Board shall elect a Chair from its members. The Board at an appeal hearing shall consider evidence offered by any interested AMENDING ANIMAL CONTROL ORDINANCE - PAGE 20 person. The formal rules of evidence do not apply to an appeal hearing; the Appeal Board shall make its decision on the basis of a preponderance of the evidence presented at the hearing. The Board must render a decision within fifteen (15) days after the request for an appeal hearing is filed. The Board shall affirm or reverse the revocation, and their decision is final unless the person making the appeal files a written request with the City Council for a hearing within ten (10) days after receipt of notice of the action of the Appeal Board. A written request to the City Council stays the action of the Appeal Board in revoking a permit until the City Council renders a final decision. C. If a request for an appeal hearing with the City Council is filed within the ten (10) day period, the City Council shall hear and consider evidence offered by any interested person. The formal ~les of evidence do not apply to an appeal hearing before the City Council, The City Council shall decide the appeal on the basis of a preponderance of the evidence presented at the hearing. The City Council shall affirm or reverse the action of the Appeal Board by a majority vote; failure to reach a majority decision on a motion shall leave the Appeal Board's decision unchanged. The result of an appeal hearing before the City Council is final. The City Council must render a decision at the next regularly scheduled City Council meeting after the appeal is fled. See. 9-1-17 ICF..EPING OF LIVESTOCK A. JCF-F..PING OF SWINE PROHIBITED IN CI'IY It shall be unlawful for a person to keep any swine within the city limits. B. KEEPING OF COWS OR HORSES It shall be unlawful for any person to keep a cow or horse on any premises, the overall area of which is less than one-third (1/3) of an acre for each cow or horse kept, or keep more than can be cared for under sanitary conditions and not create a public nuisance and, in no event, exceed the permitted number of adults and their foals or calves up to six (6) months of age. The number of cows or horses permitted shall not exceed one adult per one-third (1/3) acre for the first acre, and two (2) adults per acre for each additional acre over two (2) acres of a single tract of land. The persons in lawful possession of the premises, as owner or tenant, may keep thereon cows or homes belonging to others, but lirnitation to number of cows or horses on the premises and the area and distance requirements of this section shall still apply; and keeping of cows or homes for others shall not be done as a business in violation of the zoning ordinance. AMENDING ANIMAL CONTROL ORDINANCE - PAGE 21 C. ENCLOSURE REQHIREMEa'q~ FOR SMALL LIVESTOCK l. Fencing: Any enclosure, pen, corral, or other restrictive areas for small Livestock shall consist of a solid wall stretching from the ground to at least four feet (4') in height, that does not sway or give way when tested by an Animal Control Officer, or sha]/ consist of a fence. Such a fence must have at least sixteen (16) gauge wire arranged in a grid pattern (hogwire) with the maximum size of any grid in the wire being seven and one-half inches (7 1/2") by twelve inches (12"). This wire pattern must stretch continuously ~om the ground to at least thirty-two inches (32") above the ground. Above this wire pattern must be stretched tautly at least two (2) strands of at least sixteen (16) gauge wire with one (1) of these strands at least four feet (4') above the ground. The maximum distance allowed between fence posts shall be fifteen feet (15'). The fence posts must not sway more than six inches (6") when tested by an Animal Control Officer. Trees may not be used as fence posts. 2. Gates: Gates for such a small Livestock enclosure shall be mounted on hinges to a soLid wall or fence post and stretch from the ground to at least four feet (4') above the ground. Such a gate must connect with another fence post or soLid wall in such a manner that small livestock cannot pass through it, and the gate kself must be constructed so that there is not an opening in it larger than seven and one-half inches (7 1/2") by twelve inches (12"). Such gates must have a latch or chain attached, capable of keeping the gate dosed when tested by an Animal Control Officer. Gates must be kept dosed except when a human being is passing through a gate. D. ENCLOSURE REQUIREMF2qFS FOR t. ARGE LIVEKIX3(~ 1. Fencing: Any enclosure, corral, or restrictive area for large livestock shall consist of a solid wall stretching from the ground to at least four feet (4') above the ground, that does not sway or give way when tested by an Animal Control Officer, or shall consist of a fence. Such a fence must have at least sixteen (16) gauge wire stretcLied tau~y between fence posts. Such a fence shall have at least four (4) strands of wire with one (1) strand one foot (1') above the ground and one (l) strand at least four feet (4') above the ground. The maximum distance between the fence posts shall be ridteen feet (15'). The fence posts must not sway more than six inches (6") when tested by an Animal Control Officer. Trees may not be used as fence posts. AMENDING ANIMAL CONTROL ORDINANCE - PAGE 22 2. Gates: Gates for large livestock shall be mounted on hinges to a solid wall or fence and stretch from one foot (1') above the ground to at least four feet (4') above the ground. Such a gate must connect with another fence post or solid wall in such a manner that large livestock cannot pass through it, and the gate itself must be constructed so that there is not an opening in it large enough for large livestock to pass through. Such gates must have a latch or chain attached capable of keeping the gate dosed when tested by an Animal Control Officer. Gates must be kept dosed, except when a human being is actually passing through a gate. E. ENCLOSURE REQUIRFAVIEN'I~ WHEN BOTH SMALL AND LARGE LIVESTOCK ARE KEPT TOGETHER When small and large livestock are kept together the standards for small livestock must be met. F. RES'T~CTING CONFINEMENT OF LIVESTOCK NEAR RESIDENCES OR ADJOINING RESIDF_2CIIAL PROPERTY 1. It shall be unlawful for any person, finn, or corporation to keep oz~ premises under their or its control, within the city Limits, any small or large livestock in such a manner that the Livestock will be quartered, stabled or shekered closer than one hundred feet (100'3 from any human living quarters, other than the owner or keepers living quarters. 2. Any pen or enclosure shall be maintained in such a manner as to be not less than ten feet (10') from an adjoining residentlally zoned properr3.,. G. BREEDING OR EQUINES TO BE CONFINED AND CONTROI.I.ED Male equines (horses) capable of breeding will be confined in such a manner that said animal will not be dangerous to human beings, and all bree;cling will be under the conu'ol of the owner or handler. AMENDING ANIMAL CONTROL ORDINANCE - PAGE 23 Sec. 9-1-18 SANITARY REQUIREMENTS FOR gEEPING OF ANIMALS A. GENERALLY The owner or person in possession of animals shall keep yards, pens, and enclosures in which such anLmals are confined in such a manner so as not to give off odors offensive to persons of ordinary sensibilities residing in the vicinity, or to breed or am'act flies, mosquitoes, or other noxious insects, or, in any manner, to endanger the public health or safety, or create a public nuisance. B. SANITARY REGULATIONS FOR INFFIAL PENS OR ENCLOSURES All persons keeping such animals shall comply with the following sanitary regulations: 1. Manure and droppings shall be removed from pens, stables, yards, cages and other enclosures at least twice weekly and handled or disposed of in such manner as to keep the premises free of any 2. Mound storage of droppings or manure between such removals shall be permitted only under sucli conditions as to protect against the breeding of flies and to prevent migration of fly larvae (maggots) into the surrounding soil. 3. The feeding of vegetables, meat scraps, or garbage shall be done only in impervious containers or on an impervious platform. 4. Watering troughs or tanks shall be provided which shall be equipped with adequate facilities for draining the overflow so as to prevent the breeding of flies, mosquitoes, or other insects. 5. No putrescible material shall be allowed to accumulate on the premises, and all such material used to feed which is unconsumed shall be removed and disposed of by burial or other sanitary Sec. 9-1-19 PET CARE The foliowing are established as guidelines for pet and animal care and not intended to contravene with the provisions for animal cruelty as contained in the Texas Penal Code. UNLAINFUL TO NOT PROVIDE FOR ADEQUATE AND HUMANE CARE AND SHEI.TER FOR ANIMALS AMENDING ANIMAL CONTROL ORDINANCE - PAGE 24 No owner shall fail to provide their animals with sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering, and with humane care and treatment. B. ABUSING A~TIM~t-~ OR INSTIGATING ANIMAL FIGHTS PROHIBH-Ie.:I) No person shall beat, cruelly ill-treat, torment, overload, overwork, or otherwise abuse an animal; or cause, instigate, or permit any dogfight, cockfight, bullfight, or other combat between animals or between animals and humans. C. ABANDONING ANIMALS PROHIBITED No owner of an animal shall abandon such animal. D. UNLAWFUL TO CROP DOG'S EARS UNLESS VETERINARIAN No person shal] crop a dog's ears, except when a licensed veterinarian issues a signed cen:ificate that the operation is necessary for the dog's health and comfort, and in no event shall any person except a licensed veterinarian perform such an operation. E. VEH]C~ .~ OPERATORS TO STOP UPON STRIKING ANIMAL, RENDF_.R ASSISTANCE, AND THEN REPORT SUCH INCIDENT Any person who, as the operator of a motor vehicle, strikes a domestic animal shall stop at once and render such assistance as may be possible and shall immediately report such injury or death to the appropriate local law enforcement agency." Section 2. REPEALING CLAUSE All ordinances, or parts of ordinances, inconsistent or in conflict with the provisions of this ordinance are hereby repealed. Section 3. SEVERABII/TY CLAUSE If any article, paragraph or subdivision, clause or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validlty of this ordinance as a whole or any part or provisions thereof, other than the part so decided to be invalid or unconstitutional. AMENDING ANIMAL CONTROL ORDINANCE - PAGE 25 Section 4. PENALTY CLAUSE. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a penalty of fine not to exceed the sum of Five Handred Dollars ($500.00) for each offense; except where a different penalty has been established by state law for such offense, the penalty shall be that fixed by state law, and for any offense which is a violation of any provision that governs fire safety, zoning, public health and sanitation or dumping of refuse as that term is defined by Section 2.09 of the Texas Litter Abatement Act, Article 4477-9a, Vemon's Annotated Civil Statutes, as urnended, the penalty shall be a fine not to exceed the sum of Two Thousand Dollars, ($2,000.00) for each offense, and each and every day such offense is continued shall constitute a new and separate offense. Section 5. EFFEUI1VE DATE. This ordinance shall take effect immediately after publication of its caption as the law in such cases provides. DULY PASSED AND ADOPTED by the Ci~ Council of the City of Coppe]l, Texas this the ,/._2~ day of i , 1990. APPROVED: MAYOR APPROVED AS TO FORM: AMENDING ANIMAL CONTROL ORDINANCE .- PAGE 26