OR 88-414 General regulations for control of animals AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 88414
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; CREATING THE POSITION OF ANIMAL CONTROL WARDEN; MAKING
IT UNLAWFUL FOR ANIMALS TO RUN-AT-LARGE; PROVIDING FOR THE VACCINATION
AND REGISTRATION OF DOGS AND CATS; REGULATING GUARD DOGS; PROVIDING
REGULATIONS FOR IMPOUNDMENr, QUARANTINE, REDEMPTION, ADOPTION, FEES,
SALE AND DISPOSAL OF CERTAIN ANIMALS; PROHIBITING WILD ANIMALS AND
FIGHTING ANIMALS; PROVIDING REGULATIONS FOR VICIOUS ANIMALS AND GUARD
DOGS; REGULATING COMMERCIAL BUSINESS ASSOCIATED WITH ANIMALS,
PROVIDING FOR PERMITS AND ESTABLISHING PERMIT FEES; PROVIDING
REGULATIONS FOR KEEPING LIVESTOCK WITHIN THE CITY; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY OF FINE NOT TO EXCEED THE SUM OF Five Hundred 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, Dublie 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, Vernon's Annotated Civil Statutes, as amended, 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; AND DECLARING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS:
SECTION 1. AMENDING ARTICLE 9-1 OF CHAPTER 9 OF THE CITY CODE OF
ORDINANCES TO PROVIDE FOR THE REGULATION AND CONTROL
OF ANIMALS
ANIMAL CONTROL ORDINANCE - Page 1
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:
"ARTICLE 9 - 1 ANIMAL CONTROL
Sec. 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 beth large and small, but specifically excluding human beings.
Animal Control Warden or Deputy Warden(s) shah mean an employee(s) of
the City of Coppell who is responsible for the enforcement of the provisions
of this Article.
Cats shall mean beth male and female of the cat (feline) kind.
DoRs shall mean both male and female of the dog (canine) kind.
Fighting Animal shall mean any animal which has been bred and trained
for fighting in the so-called sport of animal fighting.
Livestoek, Large shall mean horses or any member of the domesticated
horse family, including but not limited to: mules, donkeys, and ponies;
and all types of varieties of cattle, bulls, and all members of the cow family.
Livestock, Small shall mean all types of domesticated swine, sheep, and
goats.
Ownar shall mean any person, firm, or corporation having title to any
animal; or a person who has, harbers, or keeps, or who causes or permits
to be harbored or kept, an animal in his 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.
Vicious 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 reasonably 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
ANIMAL CONTROL ORDINANCE - Page 2
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 part of a person's body nor was any part of
the animal's body pulled, pinched or squeezed by a person.
Wild Animal shall mean any venomous or dangecous 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, herpetologiea], or other scientific research or study.
Sec. 9-1-2 OFFICE OF ANIMAL CONTROL WARDEN
A. CREATION OF POSITION
There shall be and is hereby created the position of Animal Control
Warden for the City of Coppell.
B. APPOINTMENT OF ANEVIAL CONTROL WARDEN
The City Manager shall appoint an employee as Animal Control
Warden. Such Animal Control Warden and any authorized deputies
shall be assigned to the Environmental Health Department.
C. DUTIES OF THE ANIMAL CONTROL WARDEN
It shall be the duty of the Animal Control Warden and his deputies
to enforce all state and local laws regulating animals and under the
direction of the Environmental Health Officer to administer and
enforce such regulations which the Local Health Authority is
authorized to administer and enforce.
D. POWERS OF WARDENS, DEPUTIES AND PEACE OFFICERS
The Animal Control Warden, his 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 Warden,
his deputies and peace officers may enter the property, other than
a private dwelling, for the purpose of impoundment or issuance of
a citation, or both, subject to the applicable provisions of law.
E. ANIMAL CONTROL WARDEN TO ISSUE CITATIONS
FOR VIOLATIONS
Any Animal Control Warden shall have the authority to issue citations
for any violation of this Article. If the person being cited is not
present, the Animal Control Warden may send the citation to the
alleged offender by registered or certified mail.
ANIMAL CONTROL ORDINANCE - Page 3
F. UNLAWFUL TO INTERFERE WITH ANIMAL
CONTROL WARDEN
It shall be unlawful for any person to interfere with any Animal
Control Warden or deputy in the performance of his duties.
G. TRAP LOAN
A deposit of $25.00 shall be made when requesting an animal trap
from the City.
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.
See. 9-1-4 ANIMAL VACCINATION8 AND REGISTRATION
A. VACCINATION REQUIRED
All dogs and eats 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 Department of Agriculture
and administered by a duly authorized veterinarian. A metal
certificate of vaccination with the year of vaccination, 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 REQUIRED
1. No owner shall have within the city any dog or eat four (4)
months of age or older unless such dog or eat is currently
registered with the City. A current metal registration
eertifieate issued by the City, must be affixed to a eollar
or harness that must be worn by the animal at all times. No
dog or eat shall be registered until it has a current
vaeeination.
2. Application for initial issuance or renewal of each registration
must be made by the owner in writing or in person, and be
aeeompanied by a fee of five dollars ($5.00), unless the eat
or dog being registered has been neutered or spayed and proof
of such surgical sterilization can be shown, then the fee will
be three dollars ($3.00). If the original current registration
ANIMAL CONTROL ORDINANCE - Page 4
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 cats under the age of six (6) months
shah 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 Sheriff's department dog, and
b. Dogs trained to assist the audio or visually impaired
person.
Eligibility for fee exempt registration does not relieve the
owner of his 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, unless sooner renewed.
C. VETERINARIAN TO BE DEPUTY COLLECTOR
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 shall, on or before the
fifth day of each month, turn in to the City all monies collected
by him during the preceding month along with a report of such
collections upon such form as the City may devise and distribute.
For his assistance in such collection, the Deputy Collector of this
fee shah be entitled to one dollar ($1.00) per registration. Tags
will be provided by the City consecutively numbered.
D. REGISTRATION AND/OR VACCINATION CERTIFICATES
ONLY VALID 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 registration transferred to his name. There shall be
no charge for said transfer. Application for such transfer shall be
made to the City in writing or in person.
E. CITY MAY REFUSE OR REVOKE ANIMAL
REGISTRATION
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:
ANIMAL CONTROL ORDINANCE - Page 5
1. Cruelty to animals as defined in the Texas Penal Code, Article
42.11, inhumane treatment, or negligence to an animal, 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 as the Animal
Control Appeal Board, which shall be comprised of the City of
Coppell Local Health Authority (also known as the City Health
Officer), a veterinarian to be appointed by the City Council and
one additional member who shall be a citizen of the City of Coppell,
but shall not be an employee of the City.
If 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 Chairman 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 their 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 denial or 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 denying or revoking a registration 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) d~y 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's decision unchanged. The result of
an appeal hearing before the City Council is final. The City Council
ANIMAL CONTROL ORDINANCE - Page 6
must render a decision at the next regularly scheduled City Council
meeting after the appeal is filed.
Sec. 9-1-~ GUARD DOGS
Any person having care, control, or custody of any dog which has received
guard dog training 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 Warden 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 its vision or respiration but must
prevent it from biting any person or animal.
Sec. 9-1-7 IMPOUNDMENT OF ANIMALS
A. ANIMALS WHICH MAY BE IMPOUNDED
1. Cats and dogs not exhibiting evidence of being vaccinated or
registered, as described 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.
5. Any animal treated in a manner determined by the Animal
Control Warden 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 Warden.
7. Any animal found to be in violation of any provision of this
Article.
B. CONFINEMENT 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
confine such animal in a humane manner until he can notify the
ANIMAL CONFROL ORDINANCE - Page 7
Animal Control Warden to come and impound such animal. When
so notified, it shall be the duty of an Animal Control Warden to
have such animal impounded as herein provided.
C. CITY TO ESTABLISH A POUND
The City shall select and establish a place for impounding all animals
impounded under any provision of this Article.
D. ANIMAL CONTROL WARDEN TO NOTIFY OWNER
OF IMPOUNDED ANIMAL OR LIVESTOCK
Reasonable effort shall be made by an Animal Control Warden 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. REDEMPTION OF IMPOUNDED ANIMALS 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 shah not be entitled to possession until
it has been released from quarantine.
F. IMPOUNDMENT FEES AND HANDLING CHARGES
1. Impoundmerit fees shall be:
a. Class A: Dogs and cats (each cat or dog spayed or
neutered)
First Second Third Fourth
Imp. in Imp. in hnp. in Imp. in
12 Mths 12 Mths 12 Mths 12 Mths
$10.00 $20.00 $40.00 $80.00
Unspayed and unneutered:
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
ANIMAL CONTROL ORDINANCE - Page 8
(If proof of surgical sterilization is provided within
fifteen (15) days from the date an animal is registered,
the difference in impoundment and other fees between
sterilization and unsteri]ization will be refunded.)
Dogs and cats under the age of six (6) months shall
be charged the sterilization fee. Animals may be
exempted from 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
c. Class C: l~arge livestock, such as: cattle, horses,
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
$50.00 $6O.O0 $70.O0 $8O.OO
d. Class D: Wild Animals: For wild animals requiring
capture by division personnel:
SAME AS CLASS C
If animal already contained:
SAME AS CLASS A (NEUTERED)
I~IOTI~: The Animal Control Warden shah determine
the "class" of any animal not listed above.
2. Daily ttandling Fees
A daily handling fee shall be charged for every day, or
fraction thereof, that an animal is at the animal shelter.
Said fee shall be based upon the elass of animal enumerated
in Section 9-1-7 (F)(1) above:
ANIMAL CONTROL ORDINANCE - Page 9
Class A ............. $ 7.00
Class B ............. $ 8.00
Class 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 shall 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.
4. Other Fees
Any other rests that have been incurred by the City may be
charged to the owner or adopting party.
G. IMPOUNDED ANIMALS TO BE EUTHANIZED
1. Any animal, except vicious or wild animals, not reclaimed by
the owner may be humanely euthanized after being impounded
for at least five (5) full days, except that any animal 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 dispose~l
of as may be deemed appropriate by an Animal Control
W arden.
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
Warden 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 until the Local
Health Authority or the veterinarian supervising the
quarantine has released the animal from such quarantine
status. The quarantine shah be for a period of not less than
ten (10) days. Pets released to the Animal Control Warden
by their owner for euthanasia 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.
ANIMAL CONTROL ORDINANCE - Page 10
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 Warden.
H. ADOPTION OF IMPOUNDED ANIMALS
1. Any impounded cat or dog not wearing a registration
certificate may be given up for adoption after seventy-two
(72) hours, except those under quarantine. Any impounded
eat or dog wearing a registration certificate may be given
up for adoption on the seventh (Tth) day of confinement. If
the rightful owner appears for his cat or dog within thirty
(30) days of adoption, he may redeem the animal by paying
the adopter all documented expenses incurred for the animal.
2. An individual may adopt an animal (dogs and cats only) from
the City Animal Shelter under the following conditions:
a. The animal has been classified as adoptable by the
Animal Control Warden.
b. The prospective adopter has proper facilities to care
for the animal.
c. The prospective adopter obtains all necessary
vacinnations and registrations at his expense.
d. The fee for adoption shall be ten dollars ($10.00) plus
cost incurred in item (c) above. The purchaser of any
dog or cat must have it vaccinated, spayed, or neutered,
and obtain a registration within thirty (30) days after
purchase, or the Animal Control Warden shall have the
right of immediate return of the animal to the animal
shelter, provided the Animal Control Warden shall allow
additional time in the case of dogs or cats less than
four (4) months of age.
3. The Animal Control Warden 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 of resale or for
purposes other than pet ownership.
d. Would not be a suitable owner within the sole discretion
of the Animal Control Warden.
e. That the cat or dog would be a hazard to humans or
other animals.
ANIMAL CONTROL ORDINANCE - Page 11
See. 9-1-8 ANIMAL QUARANTINE AND RABIES CONTROL
A. ANIMAL CONTROL WARDEN CAN ORDER
QUARANTINE OF ANIMALS
The Animal Control Warden 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 a hazard to the human population or other animals.
All animal bite reports shall be investigated by Animal Control.
The Animal Control Warden shall direct the disposition of any animal
suspected of being rabid or having any other zoonotic disease
considered to be a hazard to any other animal or human being.
B. QUARANTINE OF ANIMALS WHICH HAVE BITTEN
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 Warden, 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 Warden on demand for supervised quarantine.
Supervised quarantine shall be at the animal shelter or a veterinary
hospital, or by any other method of adequate confinement approved
by the Animal Control Warden. The quarantine shah be for not
less than ten (10) days and shall be under the supervision of a
veterinarian, who shall submit to Animal Control written reports as
to the 8nimars health on the initial day of observation and on the
fifth (bth) 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 Warden as to
the veterinarian supervising the quarantine.
If the Animal Control Warden orders quarantine other than in the
animal shelter or veterinary hospital, the owner shall be responsible
for confining the animal. He 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 anilnal
shelter.
Any person having possession of, or responsibility for, any
quarantined animal shall immediately notify the Animal Control
Warden if such animal escapes, or becomes or appears to become
sick, or dies; and, in ease of death of the animal while under
quarantine, shall immediately surrender the dead animal to the Animal
Control Warden for diagnostic purposes.
ANIMAL CONTROL ORDINANCE - Page 12
C. VIOLATING QUARANTINE RESTRICTIONS
JUST CAUSE FOR IMPOUNDMENT
The violation of quarantine by any persou shall be just cause for
seizure and impoundmeat of the quarantined animal by Animal
Control. It shall be unlawful for any person to interrupt the
observation period.
D. KILLING OR REMOVING OF ANIMAL SUSPECTED
OF RABIES OR PLACED UNDER QUARANTINE
FROM CITY UNLAWFUL
Without permission of the Animal Control Warden, 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 SUSPECTED OF RABIES
TO BE SURRENDERED TO ANIMAL CONTROL WARDEN
The carcass of any dead animal exposed to rabies, or suspected of
having been rabid, shall, upon delnand, be surrendered to the Animal
Control Warden.
F. DISPOSITION OF ANIMALS 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 Warden
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:
1. Humane destruction, with notification to, or under supervision
of, the Animal Control Warden.
2. If not currently vaccinated, quarantine in a veterinary hospital
for at least six (6) months immediately following the date of
the exposure, or
3. If currently vaccinated, immediate 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 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.
ANIMAL CONTROL ORDINANCE - Page 13
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 SURRENDER
ANIMAL FOR QUARANTINE OR DESTRUCTION
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 Warden.
See. 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 sensitivities.
D. The keeping of bees in such a manner as to deny the lawful use of
adjacent property or endanger personal health and welfare.
E. Persistent laxness in supervision of animals that this results in
disturbance to persons of ordinary sensibilities, or causes property
da in a g e.
F. It shall be unlawful and a public nuisance for any person to harbor
or keep on his premises, or in or about his premises, or premises
under his 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.
ANIMAL CONTROL ORDINANCE - Page 14
See. 9-1-10 ANIMALS PROHIBITED AS NOVELTIES
A. UNLAWFUL TO SELL, BARTER, OR GIVE AWAY FOWL
UNDER THREE (3) WEEKS OLD AND RABBITS UNDER
TWO (2) MONTHS OLD
It shall be unlawful for any person to sell, offer for sale, barter,
or give away as toys, premiums or aove]ties, baby chickens, ducklings
or other fowl under three (3) weeks old; rabbits under two (2) months
old; unless the manner or method of display is first approved by
the Animal Control Warden.
B. UNLAWFUL TO SELL 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, ducklings, other fowl, or rabbits, or
to possess for the purpose of sale or to be given away, any of the
above mentioned animats which have been so colored.
Sec. 9-1-11 WILD ANIMALS PROHIlllTED
It shall be unlawful to keep any wild animal inside the City of Coppell.
Sec. 9-1-12 VICIOUS 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 Warden or any peace officer
of the City may use such force as is necessary to protect the
health, safety and welfare in apprehending or preventing any such
vicious or wild animal to run at large.
B. ANIMAL CONTROL WARDEN MAY ORDER
EXPULSION OF VICIOUS ANIMAL FROM CITY
The Animal Control Warden may order in writing any owner or
person having care, control, or custody of any vicious animal to
take such animal permanently from the city. This animal must be
removed immediately following receipt of such written order, unless
an appeal is immediately initiated as provided herein.
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 Warden, 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.
ANIMAL CONTROL ORDINANCE - Page 15
The Animal Control Warden shall be authorized to obtain a search
and seizure warrant if there is reason to believe that an animal
ordered removed from the City for being vicious has not been so
removed.
C. FAILURE TO REMOVE VICIOUS ANIMAL FROM CrI'Y
Ir 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 Article, such animal may be impounded pursuant
to the seizure warrant authorized by subsection 9-1-12 (B), and
thereafter such animal may be disposed of as provided for herein.
.$ec. 9-1-13 APPEAL FOR REMOVAL OF VICIOUS ANIMALS
A. If any person is ordered, in writing, to remove a vicious animal
from the City, they may appeal the written order 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 written order. The filing of a request for an
appeal hearing with the City Manager stays an action of the City
ordering the reinoval of a vicious animal from the City 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 order to
remove is final.
B. The Appeal Board shall elect a Chairman 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 shah make their 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 denial or 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 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 do not apply to an appeal hearing before the City
Council. Fhe City Council shah 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 Animal Control
Appeal Board by a ~najority 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 filed.
ANIMAL CONTROL ORDINANCE - Page 16
See. 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 Warden that such a
fighting animal is being kept, maintained, harbored or brought into the
City of Coppell, written notice shall be given by the Animal Control
Warden to the owner of said animal to remove such animal from the limits
of the City within ten (10) days of receipt of such notice. ]'hereafter,
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.
See. 9-1-15 REGULATING COMMERCIAL BUSINESSES ASSOCIATED
WITH ANIMALS
A. PERMIT REQUIRED FOR COMMERCIAL 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 Warden. A commercial business is
defined as trading or selling goods or services, especially of raising,
selling or slaughtering small or large livestock, or selling animals
for pets.
B. COMPLIANCE WITH ALL REGULATIONS REQUIRED
Every person engaged in the business of buying, selling, grooming,
breeding, showing, exhibiting or boarding of animals, and all persons
who conduct animal club shows, must comply with all existing
regulations governing said business or show, and shall maintain said
animals in compliance with this Article so as not to endanger the
public or animal health or safety, or create a nuisance.
C. APPLICATION FOR PERMIT
Application for permits and payment of the appropriate fee shall
be made to the Animal Control Warden on forms furnished by Animal
Control. The application will not be approved until certification
has been received from appropriate city officials that the zoning,
construction and facility comply with existing ordinances for
establishments housin~ such business. If the permit application is
approved by the Animal Control Warden, a permit shall be issued
and any special conditions adhered to by the permittee.
The Animal Control Warden shah 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,
ANIMAL CONTROL ORDINANCE - Page 17
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 Warden. 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 following fees shalI be charged for:
1. Show or exhibition .............. $ 25.00
2. Grooming ................... $ 25.00
3. Commercial Dealer (Retail and/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
amourit of the highest individual permit fee which would have been
charged if the permits had been separately issued.
F. PERMITS TO BE PROMINENTLY DISPLAYED
All businesses described 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 Warden or
the Environmental 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 from
this section.
3. The permit required by this Article shall not apply to any
person pasturinE 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 submitted
ANIMAL CONTROL ORDINANCE - Page 18
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 P0~NING WITHOUT
PERMIT PROHIBITED
Any form of animal trapping or poisoning without a permit from the
Animal Control Warden is prohibited.
I. REVOCATION OF PERMITS
The Animal Control Warden 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 hearing 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 Chairman 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 their derision on
the basis of a preponderance of the evidence presented at the
hearing. The Board must render a derision within fifteen (15) days
after the request for an appeal hearing is filed. The Board shah
affirm or reverse the revocation, and their derision 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 Couineil renders a final derision.
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 ~Dreponderanee 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 derision on a motion
shall leave the Appeal Board's derision unchanged. The result of
an appeal hearing before the City Council is final. The City Council
must render a derision at the next regularly scheduled City Council
meeting after the appeal is filed.
ANIMAL CONTROL ORDINANCE - Page 19
Sec. 9-1-17 KEEPING OF LIVESTOCK
A. KEEPING OF SWINE PROHIBITED IN CITY
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 horses belonging to others, but limitation 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 horses for others shall not be done as a business in violation of
the zoning ordinance.
C. ENCLOSURE REQUIREMENTS 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
Warden, or shall 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 from 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 Warden. 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 itself 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 closed when
ANIMAL CONTROL ORDINANCE - Page 20
tested by an Animal Control Warden. Gates must be kept
closed except when a human being is passing through a gate.
D. EHCLOSURE REQOIREMEIgTS FOR LARGE LIVESTOCK
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
Warden; or shall consist of a fence. Such a fence must have
at least sixteen (16) gauge wire stretched tautly 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 (1) strand at least four feet (4') above the ground.
The inaximum distance 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 Warden. Trees
may not be used as fence posts.
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 midst 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 closed when tested by an Animal
Control Warden. Gates must be kept closed, except when a
human being is actually passing through a gate.
E. ENCLOSURE REQUIREMENTS WHEN BOTH SMALL
AMD LARGE LIVESTOCK ARE KEPT TOGETHER
When small and large livestock are kept together the standards for
sinall livestock must be met.
F. RESTRICTING CONFII~EMENT O1~ LIVESTOCK NEAR
RESIDEI~ICES OR ADJOII~ING RESIDEflTIAL PROPERTY
1. It shall be unlawful for any person, firm, or corporation to
keep on premises under his or its control, within the city
limits, any small or large livestock in such a manner that the
livestock will be quartered, stabled or sheltered closer than
one hundred feet (100') from any human living quarters, other
than the owner or keeper's 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
residentially zoned property.
ANIMAL CONTROL ORDINANCE - Page 21
G. BREEDING OF EQUINE8 TO BE CONFINED
AND CONTROLLED
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 breeding will be under the control of the owner or handler.
Sec. 9-1-18 SANITARY REQUIREMENTS FOR KEEPING OF ANIMALS
A. GENERALLY
The owner or person in possession of animals shall keep yards, pens,
and enclosures in which such animals are confined in such a manner
so as not to give off odors offensive to persons of ordinary
sensibilities residiug in the vicinity, or to breed or attract 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 INITIAL PENS OR
ENCLOSURES
All persons keeping such animals shall coinply 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 nuisance.
2. Mound storage of droppings or manure between such removals
shall be permitted only under such 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 means.
ANIMAL CONTROL ORDINANCE - Page 22
Sec. 9-1-19 PET CARE
The following 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.
A. UNLAWFUL TO NOT PROVIDE FOR ADEQUATE
AND HUMANE CARE AND SHELTER FOR ANIMALS
No owner shall fail to provide his 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 ANIMALS OR INSTIGATING ANIMAL
FIGHTS PROHIBITED
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 PROHIrII'I'ED
No owner of an animal shah abandon such animal.
D. UNLAWFUL TO CROP DOG'S EARS UNLESS VETERIHARIAN
No person shall crop a dog's ears, except when a licensed veterinarian
issues a signed certificate 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. VEHICLE OPERATORS TO STOP UPON STRIKING ANIMAL,
RENDER 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. SEVERABILITY 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 validity
of this ordinance as a whole or any part or provision thereof, other than the part so
decided to be invalid or unconstitutional.
ANIMAL CONTROL ORDINANCE - Page 23
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 Hundred 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, Vernon's Annotated Civil Statutes, as amended, 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 shah constitute a new
and separate offense.
SECTION 5. EFFECTIVE DATE
This ordinance shall take effect immediately from and after the publication of
its caption, as the law in such cases provides.
DULY PASSED by the City Council of the City of Coppell, Texas, this the
13th day of September , 1988.
APPROVED:
Lou Duggan
MAYOR
ATTEST:
Linda Grau Asst., CITY SECRETARY
APPROVED AS FO FORM:
CITY ATTORNEY
CO88-0820
ANIMAL CONFROL ORDINANCE - Page 24