Ord 21-2009 3/3/2009 ,
, .
ORDINANCE NO. s�i ��
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, ORDINANCE AMENDING IN ITS ENTIRETY CHAPTER
14, ANIMALS, OF THE WICHITA FALLS CODE OF ORDINANCES;
FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS
ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
WHEREAS, the Health District recommends revision of the existing Animal
Control Ordinance to better address the feral cat population and foster homes for
animals in the community; and
WHEREAS, the City Council of the City of Wichita Falls desires to adopt an
Animal Control Ordinance that is in the best interest of all citizens,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1 Chapter 14, Animals, of the Wichita Falls Code of Ordinances, is
hereby amended in its entirety to read as follows:
ARTICLE I. IN GENERAL
Sec.14-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have
the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Abuse means to mistreat through intent or neglect any animal, fowl, livestock, or
wildlife in a manner that causes or is likely to cause stress or physical injury, as
provided in V.T.C.A., Penal Code § 42.11, or as otherwise stated in this chapter.
Animal means any live domestic creature, other than livestock and fowl, unless
indicated otherwise. When used in this chapter, the term "animal" includes, but is not
limited to, dogs and cats.
Animal foster home means a location registered by the Director for the purpose
of housing domestic animals until adoption by a permanent owner.
Animal foster home caregiver means a person who harbors fostered animals.
Animal reclaim center (ARC) means the animal reclaim center (ARC) or other
facility designated by the city council as the facility to be used for the impoundment of
animals, fowl, livestock, and wildlife taken up by the city's animal control officers and
their assistants.
At large means any animal, including fowl or livestock, not restrained by some
physical means to the premises of its owner or harborer. However, an animal, fowl or
livestock shall not be considered at large when held and controlled by some person by
means of a leash or chain of proper strength and length to control the actions of the
animal, fowl or livestock or while confined within a non-open-bed vehicle or secured by
a rope, leash or chain in any open-bed vehicle. Further, an animal shall not be
considered at large when participating in a show, competition or training program which
is approved by the local rabies control authority and is conducted in an area which is
approved by the local rabies control authority. Further, a licensed cat or a cat harbored
as a member cat of a registered cat colony shall not be considered at large.
Authorized veterinary clinic means a clinic that has been pre-approved by the
health district to offer for sale animal license tags to their clients.
Cat colony location means the location at which a feral cat caregiver provides
food, water or shelter to feral cats in compliance with the cat colony guidelines herein.
Circus means a commercial variety show featuring animal acts for the public.
Commercial animal establishment means any pet shop, grooming shop, auction,
riding school, stable, zoological park, circus, performing animal exhibition or kennel.
Cruelly treated includes tortured; seriously overworked; abandoned; deprived of
necessary food, care, or shelter; cruelly confined; or caused to fight with another animal.
Curtilage means any land or building immediately adjacent to a dwelling that is
directly and intimately connected with the habitation.
Director means the Health Director of the Wichita Falls-Wichita County Health
District, or an agent or employee thereof.
Distance between structures means a straight line from the nearest point of the
shed, stable, barn, pen, enclosure, fence or area in which the animal is contained, to the
nearest point of such actual residence or building used for human habitation.
Ear tipping means the painless removal of a quarter-inch from the top of a feral
caYs left ear by a licensed veterinarian while the cat is anesthetized for neutering; ear
tipping is intended to identify a feral cat as having been evaluated, vaccinated and
neutered.
Enclosure means an area sectioned off by a fence or wall.
Feral cat means any cat which lives primarily outdoors and must be trapped and
sedated for veterinary examination.
Feral cat caregiver means a person who harbors feral cats in compliance with the
cat colony guidelines contained herein.
Fostered animal means an animal residing in a foster home until its adoption into
a permanent household.
Fowl includes chickens, turkeys, pheasants, quail, guineas, geese, ducks,
peafowl and other domestic feathered creatures, except parakeets, canaries, or similar
small-size birds, or any exotic birds, such as parrots, provided that they are
continuously confined within the residence or business of the owner/harborer, and no
domestic feathered creatures, regardless of age or sex.
Grooming shop means a commercial business establishment where animals are
bathed, clipped, plucked or otherwise groomed.
Harbor means to provide any animal, fowl, livestock or wildlife with food, water or
shelter.
Health district means the Wichita Falls-Wichita County Public Health District.
In season means during the stage of estrus or heat.
Kennel means any lot, building, structure, enclosure or premises wherein five or
more dogs and/or five or more cats or five or more dogs and cats in the aggregate,
sixteen weeks of age or older, are kept or maintained for profit. Veterinary hospitals and
pet shops are excluded from this definition unless the pet shop keeps or maintains ten
or more dogs and/or cats sixteen weeks of age or older.
Livestock production area means any parcel of land in excess of 25 acres, within
the city limits, used to raise livestock.
LRCA means Local Rabies Control Authority.
Member cat means a feral cat that is part of a registered feral cat colony.
Microchip means an identifying integrated circuit device placed under the skin of
an animal and containing information regarding that animal, including the identity and
address of the owner, which can be read through the use of a scanner capable of
reading information from identifying integrated circuit devices.
Neighboring land means a parcel of land which has a property line that falls
within twenty-five (25) feet of any property line of the property in question. The owner or
owners of neighboring land shall be determined by the appraisal district records of the
appraisal district in which the neighboring land is located.
Neutered means any animal, male or female, rendered incapable of breeding or
being bred by castration in the male or spaying or ovariectomy in the female.
Official notice means written notice personally delivered by an animal control
officer or mailed by certified mail, return receipt requested, addressed to the last known
address of the recipient.
Owner means any person owning, keeping, maintaining, harboring or having the
care, custody or control of one or more animals, fowl, livestock or wildlife.
Performing animals means any spectacle, display, act or event in which animals,
fowl, livestock or wildlife perForm.
Pet shop means any person, partnership, company or corporation, whether
operated separately or in connection with another business enterprise, except for a
licensed kennel, that buys, sells or boards any specie of animal, including dogs or cats,
and fowl.
Public nuisance means:
(1) Any animal, fowl or livestock that molests, chases or attacks
passersby or passing vehicles;
(2) Any animal, fowl or livestock that molests, chases or attacks other
animals;
(3) Any animal, fowl or livestock that trespasses on school grounds;
(4) Any animal, fowl or livestock that is repeatedly at large (e.g., three or
more times per 12-month period);
(5) Any animal, fowl or livestock that damages private or public property;
(6) Any animal, fowl or livestock that barks, whines, howls, crows or
makes other noise in an excessive, continuous or untimely fashion;
(7) Any animal, fowl or livestock that is unconfined in season (e.g., dogs
and cats); or
(8) Any animal, fowl or livestock that is a vicious animal not confined as
required by this chapter;
(9) Fecal matter, garbage or other organic wastes deposited, stored,
discharged or exposed in such a way as to be a potential instrument or medium
in disease transmission;
(10) A condition or place that is a breeding ground for flies;
(11) A collection of water in which mosquitoes are breeding;
(12) A place or condition harboring rats;
(13) An object, place, or condition that is a possible and probable medium
of disease transmission to humans; or
(14) Any animal, fowl or livestock which damages, soils, defiles, urinates
or defecates on private property other than the owner's.
(15) Any animal, fowl or livestock which damages or defiles public
property.
Public zoo. See Zoological park.
Registered cat colony means one or more feral cats which live together under the
supervision of a particular feral cat caregiver and in compliance with the registered cat
colony management guidelines contained herein.
Residence means any place of human habitation at any time, day or night,
including but not limited to any residence, church, school, convalescent center or
nursing home.
Restrained means any animal, fowl, livestock or wildlife secured by a leash or
lead or confined within the property limits of its owner.
Riding school and stable mean any place which has available for hire, boarding
and/or riding instruction any horse, pony, donkey, mule or burro.
Vaccination means an injection of a rabies vaccine which is approved by the U.S.
Department of Agriculture, veterinary biologics division, state veterinarian, and
administered as required by state law.
Veterinarian means any person duly licensed to practice veterinary medicine by
the state board of veterinary examiners.
Veterinary hospital means any establishment maintained and operated by a
licensed veterinarian for surgery and/or diagnosis and treatment of diseases and
injuries of animals, fowl, livestock or wildlife.
Vicious animal means any animal, fowl, livestock or wildlife that, because of its
behavior, would constitute a physical threat to human beings or other animals, fowl or
livestock. A dog that has, without provocation, attacked or bitten a human being or
attacked another animal (excepting vermin) or livestock shall be considered vicious.
Wild animal (wildlife) means any nondomestic creature (mammal, amphibian,
reptile or fowl) which is of a specie that is wild by nature and which can normally be
found in the wild state and which is not naturally tame or gentle, but is of a wild nature
or disposition; or which, because of its size, vicious nature and other characteristics;
would constitute a danger to human life or property, if not kept or maintained in a safe
and secure manner. Such creatures include but are not limited to all nonhuman
primates and all forms of poisonous reptiles and nonpoisonous snakes which will
exceed a length of six feet when mature. Excluded from this definition are hamsters,
gerbils, ferrets, domesticated breeds of rabbits, guinea pigs, rats, mice, newts and
salamanders.
Zoological park means any facility, other than a pet shop or kennel, displaying or
exhibiting one or more species of animals, fowl, livestock and wildlife, operated by a
person or under the auspices of a government agency or possessing an unrevoked
municipal zoological park permit.
(Ord. No. 61-2004, § 1, 8-2-2004; Ord. No. 109-2005, § 1, 12-20-2005)
. Sec. 14-2. Responsibility for enforcement; police powers.
The local rabies control authority, local health authority, the animal control officers and
other authorized employees of the health district shall have all of the powers and
authority of peace officers to the extent only, and no further, of enforcing state statutes
and regulations, this chapter and other city ordinances relating to animals, fowl,
livestock and wildlife. No person shall interfere in any manner or give false information
to the above-stated employees in the performance of their duties.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-3. Entry of private premises.
(a) If persons keeping animals, fowl, livestock or wildlife within the city, after request of
the health district or animal control officer, refuse to permit access to the areas or
places of keeping of such animals, fowl, livestock or wildlife, the animal control officials
shall seek the necessary court authorization to enter the premises.
(b) If the animal control officer determines that the life of the animal is in imminent
danger, the animal control officer may enter the curtilage of the premises for the
purpose of correcting the threat to the animal's life as long as damage to property can
be averted.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-4. Penalty for violation.
Any person violating any prohibition, requirement, duty or provision of this chapter shall,
upon conviction, be punished by a fine as provided in section 1-14. If any violation is
continuing, each day's violation shall be deemed a separate offense. If any person is
found guilty of cruelty to any animal, wildlife, fowl or livestock under municipal, state or
federal law, his permit to own, keep, harbor or have custody of such animal, fowl,
wildlife or livestock shall be deemed automatically revoked, and no new permit or
license may be issued.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-5. Keeping poisonous reptiles.
(a) It shall be unlawful for any person to breed, raise, keep or have in his possession
any poisonous reptile within the corporate city limits, except a poisonous reptile kept by
an educational or a scientific institution. These institutions will be subject to initial
approval and periodic inspections by the director of health or under his direction.
(b) Any person breeding, raising, or keeping poisonous reptiles and any person having
in his possession or having on or about his premises any poisonous reptile, with the
intent to keep, possess, raise, or breed the reptile within the corporate city limits, shall
be deemed guilty of a class C misdemeanor and, upon conviction, shall be fined as
provided in section 1-14.
(c) The intent to commit the offense set out in this section is presumed whenever the
means used is such as would ordinarily result in the commission of the forbidden act.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-6. Disposal of animals and livestock.
(a) No property owner, tenant or possessor of any dead livestock shall fail to lawfully
dispose of the dead livestock within 24 hours of its discovery by the responsible party. A
reasonable disposal fee will be charged for each requested collection and disposal of
each dead livestock and each requested collection of small animals, including dogs and
cats. This fee shall be paid either directly to the city or to the collecting contractor for
remittance to the city.
(b) Any owner wishing to relinquish an unwanted animal to an animal control officer or
other authorized employees of the health district will be charged a transportation and
disposal fee. This transportation fee does not apply to citizens holding a loose animal
for the animal control officers to pick up.
(c) It shall be untawful for any person to abandon or turn any animal loose within the
city limits of Wichita Falls.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec.14-7. Noise.
No person shall harbor any animal, fowl, livestock or wildlife of any kind that makes an
unreasonable disturbance to the peace of occupants of adjacent premises or vicinity
thereof, including the making of unusual noises by howling, barking, bawling or
otherwise.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-8. Removal of waste.
The owner, caretaker or possessor of every animal shall be responsible for the removal
of excreta deposited by his animal on public walks, recreation areas, public property or
private property.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-9. Shooting or catching wild birds.
(a) It shall be unlawful for any person to shoot or attempt to shoot or kill with an air rifle,
bow and arrow, slingshot or firearm or other means any wild bird within the city limits,
except for the protection of his private property so long as no laws are violated and
except where hunting is permitted by law.
(b) It shall be unlawful for any person to ensnare or catch or attempt to ensnare or
catch, by any means whatsoever, any wild bird within the city unless such ensnaring or
catching is first approved by the local health authority.
(Ord. No. 61-2004, § 1, 8-2-2004)
Secs. 14-10--14-35. Reserved.
ARTICLE II. DOG AND CAT VACCINATION AND LICENSING
DIVISION 1. GENERALLY
Sec. 14-36. Vaccination required.
(a) No person shall own, possess or harbor any dog or cat sixteen weeks of age or
older, unless it has been vaccinated against rabies in accordance with this section and
state law.
(b) Rabies vaccination shall be repeated in accordance with state law and regulations.
(c) Any unvaccinated dog or cat redeemed from the animal reclaim center must be
vaccinated against rabies before leaving the center.
(d) A dog is required to wear a valid rabies vaccination tag on a collar or harness at all
times. Failure to be wearing the tag is prima facie evidence that no vaccination has
been given.
(Ord. No. 61-2004, § 1, 8-2-2004)
Secs.14-37--14-65. Reserved.
DIVISION 2. DOG OR CAT LICENSE
Sec. 14-66. License required.
No person shall own, possess or harbor a dog or cat sixteen weeks of age or over
without obtaining a license for each animal.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-67. License defenses and fee exemptions.
(a) It is a defense to prosecution under Section 14-66 that the dog or cat
(1) Has a valid rabies tag;
(2) The owner of the dog or cat resides outside the city;
(3) The dog or cat has been inside the territorial limits of the City for 30 days or
less; and
(4) The animal has not been impounded by the City.
(b) It is a defense to prosecution under Section 14-66 that the cat is a member cat.
(c) It is a defense to prosecution under Section 14-66 that the dog or cat is a fostered
animal.
(c) No license shall be required for dogs trained to assist the physically handicapped or
governmental agency police dogs.
(d) No license is required for a dog or cat in a commercial animal establishment, as
evidenced by a current city kennel or commercial animal establishment permit, unless
the dog or cat is impounded.(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-68. Application, fee and certificate of rabies vaccination required for
license.
A completed application form obtained from the vaccinating veterinarian or health
district, the license fee and a valid certificate of rabies vaccination must be presented to
obtain a license for a dog or cat.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-69. Right to inspect.
A condition for issuing and maintaining a dog or cat license is permission for the animal
control department, upon presentation of proper credentials, to inspect the dog or cat
and premises of the dog or cat, when ordered by the Director. The purpose of this
inspection is to ensure compliance with this chapter.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-70. Certificate tag and fee for license.
The fee for license shall be set by the health district and approved by the city council;
the fee schedule will be posted in the zoonosis division of the health district. Animal
license tags are not transferable from one animal to another and it shall be unlawful to
alter a tag or to issue one without a current rabies vaccination. If a tag is lost, a
duplicate tag may be issued by the health district and a replacement fee charged. The
animal license shall run concurrently with the rabies vaccination.
The health district will monetarily compensate authorized veterinary clinics that
participate in selling animal licenses. Each authorized veterinary clinic shall submit the
license applications and fees to the health district by the fifth of each month; from every
license sold, the authorized veterinary clinic may retain $2.00 for administrative
services.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-71. Denial of license.
(a) No dog or cat license may be issued if the applicant falsifies information, or fails to
comply with any section of this chapter.
(b) No dog or cat license shall be issued if the applicant has been convicted of
inhumane or cruel treatment to animals or has three or more convictions for violating
any section of this chapter.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-72. Issuance of license.
Upon approval of the application for a dog or cat license, a certificate and license tag
will be issued. The tag of durable material, designed to be easily fastened or riveted to
the animaPs collar or harness, shall bear a number corresponding to the number on the
certificate, showing the month and year of expiration. The department shall maintain a
record of identifying numbers, which shall be available to the public.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-73. Wearing of tag.
(a) Failure of a dog to wear the license tag at all times shall be prima facie evidence
that no animal license has been issued, constitutes a violation of this section by the
dog's owner, possessor or harborer, and subjects the dog to impoundment by Animal
Control.(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-74. Suspension or revocation of license.
(a) If the person holding the dog or cat license refuses or fails to comply with this
chapter or any law governing the protection of animals, official notice shall be given of
the intention to suspend the license. If, within seven days after official notice is given,
evidence shows the person is not in compliance, the license shall be revoked.
(b) Upon receipt of official notice, a dog or cat license is automatically revoked for one
of the following reasons:
(1) Impoundment by the city three or more times during a 12-month period.
(2) Three or more convictions of a person for violating any section of this
chapter.
(3) Any combination of impoundments and convictions totaling three incidents.
(c) A notice as required in these rules is properly served when it is delivered to the
owner, caregiver or possessor of the animal, or when it is sent by registered or certified
mail, return receipt requested, to the last known address of the owner, caregiver or
possessor of the animal. A copy of the notice shall be filed in the records of the
regulatory authority.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-75. Disposal of unlicensed animal.
If a dog or cat is unlicensed, because of non-issuance or revocation of the license after
official notice, it must be humanely disposed of, or it will be seized and disposed of by
the health district.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec.14-76. Reapplication.
Any person having been denied a dog or cat license or if the license has been revoked
shall wait at least 60 days before making reapplication. The application will not be
accepted unless the animal control department is satisfied that there will be compliance
with this chapter. The fee for reapplication shall be set by the health district and
approved by the city council; the fee schedule will be posted in the zoonosis division of
the health district.
(Ord. No. 61-2004, § 1, 8-2-2004)
Secs. 14-77--14-105. Reserved.
ARTICLE III. PERMITS
DIVISION 1. GENERALLY
Sec.14-106. Enforcement.
This article shall be enforced by animal control, under the direction of the local rabies
control authority.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-107. Permit exemptions.
(a) Veterinary facilities. Veterinary hospitals, clinics and related practices of veterinary
medicine shall be exempt from this article.
(b) Certain otherfacilities. Stock shows, pet fairs including sanctioned animal shows,
slaughterhouses, rodeo arenas, governmental agencies including public schools,
laboratories, animal reclaim centers and research facilities approved by the health
district may be exempt from this article.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec.14-108. Repealed.
Sec. 14-109. Fowl permit.
(a) A fowl permit shall be required for any person owning, possessing or harboring any
fowl within the city limits. The owning, possessing or harboring of guineas, peafowl or
roosters shall not be permitted, and no permit shall be issued for the keeping of such.
An annual permit fee shall be set by the health district and approved by the city council;
the fee schedule will be posted in the zoonosis division of the health district.
(b) No person shall keep any fowl within the city who does not possess an unrevoked
permit from the animal control department.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-110. Livestock permit.
(a) The livestock permit shall be required for any person keeping any tivestock within
the city limits when the keeping of livestock is allowed by this chapter. The annual fee
for the permit shalt be set by the health district and approved by the city council; the fee
schedule will be posted in the zoonosis division of the health district.
(b) No person shall keep any livestock within the city who does not possess an
unrevoked permit from the animal control department.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-111. Inspection prerequisite to issuance of permit.
It shall be required that an animal control officer inspect the premises prior to issuing a
permit required by this article. The health district has the right to inspect the premises,
including animals, livestock and fowl, at any time during normal business hours.
Inspection shall be repeated at least once every six months.
(Ord. No. 61-2004, § 1, 8-2-2004)
, .
Sec. 14-112. Issuance; term; application for renewal of permits.
(a) After inspection, approval of the application, and receiving the fee, a permit required
by this article shall be issued, which shall be displayed in a prominent place on the
premises. Unless suspended or revoked, the permit shall remain in effect for one
calendar year from the date of issuance.
(b) Application for renewal of a permit may be made from one month prior to one month
after the permit expiration date, but the effective date of the permit shall be to coincide
with the expiring permit date, and the fee will be for a full year from that date.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-113. Reclassification and fee adjustment of permits.
Any person who has a change of category under which a permit was issued pursuant to
this article shall be subject to reclassification, and appropriate adjustment of the permit
fee will be made.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-114. Denial of permit.
(a) No permit required by this article may be issued if the applicant has:
(1) Withheld or falsified information on the application;
(2) Failed to comply with any section of this article.
(b) No permit required by this article shall be issued if the applicant has been:
(1) Convicted three or more times for violating any section or combination of
sections of this chapter; or
(2) Been convicted of inhumane or cruel treatment to animals.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-115. Reapplication period upon denial of permit.
If a permit required by this article is denied, reapplication cannot be made for at least 60
days. Each reapplication shall be accompanied by a fee, in addition to the permit fee.
The fee is not refundable.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-116. Suspension of permit.
(a) The health district may, upon official notice, suspend a permit issued pursuant to
this article for the following reasons:
(1) Animals are being deprived of necessary food, care or shelter.
(2) Animals are being cruelly confined or treated.
(3) Unsanitary conditions exist to such an extent that these conditions create a
possible medium for the transmission of disease to the animals kept there or to human
beings.
(4) There is noncompliance with any section of this chapter.
(b) The animal control department has the right to take photographs and gather
evidence on the premises to document any of the reasons for suspension.
(c) After suspension, no animal shall be accepted or placed in the facility more than five
days after the suspension, unless the suspension has been lifted and the permit
reinstated prior to that time.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-117. Lifting of suspension and reinstatement of permit.
If all violations and unsatisfactory conditions have been corrected within 21 days, the
health district, after reinspection, may reinstate the suspended permit issued pursuant
to this article. A reinspection shall be made as soon as practical, and not longer than
five working days after receiving a written request for such inspection by the person to
whom the permit was issued.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-118. Revocation of permit.
After 21 days from suspension of a permit issued pursuant to this article, if no written
request for reinspection has been received or if satisfactory corrections have not been
made, the health district shall give official notice that in five days the permit shall be
revoked. The city is not tiable to refund any part of the permit fee.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-119. Reinstatement of permit after revocation.
(a) No person who has had a permit issued pursuant to this article revoked may apply
for a new permit for at least one year from the date of revocation. No permit shall be
issued if the person has been convicted of abuse to animals. If the proper fee, the
acceptable application and satisfactory assurance is given that previous violations will
not recur and there will be compliance with all sections of this chapter, a new permit
may be issued.
(b) If another owner applies for a permit at the same location where a permit was
revoked less than one year after revocation, the person whose name appears on the
revoked permit may in no way be associated with the new operation, including any
financial interest, or the permit will be revoked and legal action may be taken against
both parties.
(Ord. No. 61-2004, § 1, 8-2-2004)
Secs.14-120--14-145. Reserved.
DIVISION 2. COMMERCIAL ANIMAL ESTABLISHMENTS
Subdivision I. In General
Sec. 14-146. Permit required.
No person shall operate a commercial animal establishment without first obtaining the
necessary permit in compliance with this article.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-147. Categories of permits, other than kennels.
An animal permit shall be required for persons owning the following types of facilities.
The annual fee for these permits shall be set by the health district and approved by the
city council. The fee schedule will be posted in the zoonosis division of the health
district.
(1) Pet shop (includes flea market).
(2) Riding school or stable.
(3) Grooming shop.
(4) Zoological park.
(5) Circus.
(6) Performing animal exhibition.
(7) Recreational rides, including but not limited to: horses, camels, donkeys,
elephants, and cows.
(8) Nonconforming use.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-148. Separate enterprises.
Each commercial animal establishment, even though owned by the same person or
group, is considered a separate enterprise, and each must possess a permit. If the
establishment moves to another location or if there is a change of ownership, another
application and fee for the permit is required.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-149. Individual licensure of animals optional.
A person operating a commercial animal establishment for breeding of dogs and/or cats
may elect to license each such animal individually, in addition to obtaining a kennel
permit. However, if any unlicensed animal is impounded for being at large and/or other
violations, an individual license shall be purchased before redemption, and will be
required annually thereafter.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-150. Additional requirements.
(a) The following are requirements for pet shops in shopping centers or malls:
(1) The pet shop shall be in an enclosed area separated by walls from adjoining
stores.
(2) The pet shop cannot be located closer than 50 feet to any eating or drinking
establishment.
(3) Air conditioner ducts removing air from the pet shop must be directed
outward and not directly into another shop or the mall.
(4) Any creature sold in the pet shop must be carried from the mall in a box,
crate or appropriate container.
(b) The following requirements apply to all dogs, cats and/or ferrets offered for sale at
flea markets:
(1) Seller must provide valid rabies certificate for each dog, cat or ferret sixteen
weeks of age or older.
(2) All dogs, cats or ferrets must be restrained in a manner so as to prevent
animal bite exposure to humans and/or other animals.
(c) It shall be illegal to sell or give away animals in parking lots, or temporary events or
in places where the public generally gathers. An animal sold or given away as part of a
fund raising event sponsored by a recognizable charitable organization shall be exempt
provided the animal has been vaccinated in accordance with this chapter at the time the
animal is transferred to the new owner.
(Ord. No. 61-2004, § 1, 8-2-2004)
Secs.14-151--14-175. Reserved.
Subdivision II. Kennels
Sec. 14-176. Kennel permit.
A kennel permit shall be required for persons harboring five or more dogs, five or more
cats, or five or more dogs and cats in aggregate. A person permitted as a kennel
operator may not accept any animal for boarding without first confirming that the animal
has a current rabies vaccination. The operator may elect to license his dogs and/or cats
individually in addition to obtaining the permit. However, if an unlicensed animal under
this permit is impounded for being at large and/or other violations, an individual license
shall be purchased before redemption.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-177. Fee.
The annual kennel permit fees shall be set by the health district and approved by the
city council. The fee schedule will be posted in the zoonosis division of the health
district.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-178. Minimum distance from residence.
(a) No person shall keep, possess or maintain within the city limits a kennel within 300
feet of any residence or habitation for human beings, other than the residence of the
keeper, possessor or owner of such kennel.
(b) A kennel in existence and in operation on June 8, 1985, shall be allowed to remain
in existence within 300 feet of any residence only so long as the place of business is
continuously in operation from that date, whether or not under the same permit.
(Ord. No. 61-2004, § 1, 8-2-2004)
Secs. 14-179--14-205. Reserved.
DIVISION 3. PET FANCIERS
Sec. 14-206. Pet fancier's permit.
(a) A pet fancier's permit shall be required for any person owning or harboring five or
more, unless the animals are covered by another permit under this Chapter, and
regardless of whether the animals are individually licensed.
(b) A pet fancier's permit may be denied if the Director makes a determination that the
prospective pet fancier does not have adequate property or facilities to ensure:
(1) The animals do not disturb any neighbors, and
(2) Sanitation for the number of animals permitted is appropriately and safely
addressed.
(c) The pet fancier must be the owner of the property where the animals will be
harbored or have the written permission of the owner of the property in order to obtain a
permit for that location.
(d) The annual fee for this permit shall be set by the health district and approved by the
city council; the fee schedule will be posted in the zoonosis division of the health district.
A pet fancier who neuters all of their animals will be afforded a price reduction for the
permit.
(Ord. No. 61-2004, § 1, 8-2-2004)
DIVISION 4. REGISTERED CAT COLONY MANAGEMENT
Sec. 14-207. License or membership required for cats.
No person shall harbor any cat which is not either a licensed cat or a member of a
registered cat colony.
Sec. 14-208. Application for permit to act as a feral cat caregiver to a registered
cat colony.
(a) Application for a permit to act as a feral cat caregiver to a registered cat colony
must be made to the Director.
(b) Upon a determination by the Director that the prospective feral cat caregiver and
prospective cat colony location will meet the requirements in this Division, the Director
may issue a permit to create and maintain a registered cat colony. Permits issued
under this section are valid for a period of one year. After the expiration of the permit,
the feral cat caregiver must apply for renewal of their permit and meet all requirements
for issuance of a permit or disband the colony.
(c) The Director may deny a permit for a registered cat colony if the Director deems that
the colony would be detrimental to the prospective member cats or the neighborhood in
which the colony is to be located.
(d) The Director is authorized to require an annual permit fee accompany each
application for permit.
(e) Permits are specific to the individual permitted as the feral cat caregiver and the
location permitted as the cat colony location. Individuals wishing to transfer a registered
cat colony to another caregiver or another location must make application for a new
permit.
14-209. Required permissions for registered cat colony.
(a) No permit shall be issued for a cat colony location until the prospective feral cat
caregiver presents to the Director written permission for a registered cat colony to be
located at the prospective cat colony location, signed by every owner of neighboring
land to the property where the cat colony will be located. New written permission from
every owner of neighboring land must be collected every three years or at change of
ownership of property.
� . . . .
(b) The feral cat caregiver must be the owner of the cat colony location, or have the
written permission of the owner of the location in order to obtain a permit for that
location.
Sec. 14-210. Creation of registered cat colony.
Every member cat will be trapped and inspected for illness or injury by a veterinarian
within one hundred twenty days of the granting of the registered cat colony permit. Any
adult cat determined to be in good health at the time of this initial trapping will be
vaccinated, neutered, and subjected to ear tipping prior to its being returned to the
registered cat colony. Any adult cat determined to be injured or in poor health at the
time of this initial trapping will be provided with veterinary care sufficient to return it to
good health, then vaccinated, neutered, and subjected to ear tipping prior to its being
returned to the registered cat colony. In the alternative, any adult cat determined to be
injured or in poor health at the time of this initial trapping may be fostered, adopted or
euthanized.
Sec 14-211. Maintenance of registered cat colony.
(a) Feral cat caregivers are expected to follow the most structured form of the feral cat
colony management guidelines TVARM or Trap, Vaccinate, Alter, Return and Manage.
(b) Member cats are to be provided with adequate food, water and shelter as defined
by Section 14-381.
(c) Kittens found to be at the cat colony location will be trapped and removed from the
colony by the feral cat caregiver when the kittens are between six and sixteen weeks of
age. Removed kittens are to be either domesticated and fostered in a foster home for
adoption into permanent homes or euthanized.
(d) The feral cat caregiver shall immediately trap and remove from the colony any non-
member cats or sick or injured member cats found to be at the colony location. A
trapped non-member cat shall be delivered into the custody of Animal Control. A sick or
injured member cat either shall be either provided with veterinary care sufficient to
return it to good health prior to its being returned to the registered cat colony, or
fostered, adopted or euthanized.
(e) All member cats shall be revaccinated against rabies as required by state law and
regulations. The feral cat caregiver shall trap every member cat as frequently as
necessary to maintain each member cat's vaccination against rabies.
(fl The feral cat caregiver shall keep records for the registered cat colony, to include a
photograph, documentation of sterilization, and rabies certificate, for each member cat.
These records will be provided to the Director or Animal Control upon request.
(g) At no time shall a registered cat colony consist of more than finrenty cats.
Sec. 14-212. Revocation of permit to act as a feral cat caregiver to a registered
cat colony.
(a) The Director may revoke the permit to act as a feral cat caregiver to a registered cat
colony if there is probable cause to believe that a registered cat colony is not in
compliance with this Division. The Director shall send written notice of revocation to the
feral cat caregiver. Upon written notice of revocation by the Director, a feral cat
caregiver shall have seven (7) calendar days from the date of the issuance of the notice
, . . � . '
to file written appeal under Sec. 14-452 or disband the colony by trapping and
relocating, adopting out, or euthanizing the member cats. Should a feral cat caregiver
fail to timely disband the colony or file written appeal under Sec. 14-452, the Director
may authorize Animal Control to trap and euthanize the member cats.
(b) A notice as required in these rules is properly served when it is delivered by hand to
the feral cat caregiver, or when it is sent by registered or certified mail, return receipt
requested, to the last known address of the feral cat caregiver. A copy of the notice
shall be filed in the records of the Director.
Sec. 14-213. Other laws to apply.
Nothing in this Division shall be construed as excusing a cat colony location or a feral
cat caregiver from all other pertinent laws, including those prohibiting nuisances or
disturbances.
DIVISION 5. ANIMAL FOSTER HOME PERMIT
Sec. 14-214. Permit required.
(a) No person shall house domestic animals for the purpose of foster care until
adoption of those domestic animals by a permanent owner unless that person holds an
animal foster home permit from the Director.
(b) Application for a permit to act as an animal foster home caregiver must be made to
the Director.
(c) Upon a determination by the Director that the prospective animal foster home
caregiver and prospective animal foster home will meet the requirements in this
Division, the Director may issue a permit to create and maintain an animal foster home.
Permits issued under this section are valid for a period of one year. After the expiration
of the permit, the animal foster home caregiver must reapply and qualify for a new
permit or cease acting as an animal foster home.
(d) The Director may deny a permit to create an animal foster home if the Director
deems that the creation of such an animal foster home would be detrimental to the
prospective animal foster home caregiver, prospective fostered animals, or the
neighborhood in which the animal foster home is to be located.
(e) Permits issued under this section are specific to both the individual permitted as the
animal foster home caregiver and the location permitted as the animal foster home.
Individuals wishing to transfer an animal foster home to another caregiver or another
location must make application for a new permit.
(fl The Director is authorized to require an annual permit fee accompany each
application for permit.
Sec. 14-215. Required permissions for animal foster home.
(a) The animal foster home caregiver must be the owner of the animal foster home,
or have the written permission of the owner of the property in order to obtain a
permit for that location.
Sec. 14-216. Animal foster home requirements.
(a) Fostered animals are to be provided with adequate food, water and shelter as
defined by Section 14-381.
(b) The animal foster home must provide an area in which to segregate newly fostered
animals until such time as those animals can be socialized with other animals living in
the foster home.
(c) The animal foster home caregiver must consent to routine inspections of the
premises by animal control officers during regular business hours.
(d) The animal foster home shall contain no more than seven animals at any one time,
including any animals who permanently reside at the animal foster home. This number
does not include fostered animals who are kittens under sixteen weeks of age and
puppies under sixteen weeks of age.
(e) All cats and kittens over the age of sixteen weeks who are fostered animals must be
vaccinated against rabies.
(fl All dogs and puppies over the age of sixteen weeks who are fostered animals must
be vaccinated against rabies.
(g) Fostered animals may stay no more than 6 months in any one animal foster home.
Sick or injured animals may be granted a longer stay in one animal foster home at the
discretion of the Director.
(h) The animal foster home caregiver shall keep records for the animal foster home, to
include rabies certificate and length of stay for each fostered animal. These records will
be provided to the Director or Animal Control upon request.
Sec. 14-217. Revocation of animal foster home permit.
(a) The Director may revoke the animal foster home permit if there is probable cause to
believe that an animal foster home is not in compliance with this Division. The Director
shall send written notice of revocation to the animal foster home caregiver. Upon
written notice of revocation by the Director, an animal foster home caregiver shall have
seven (7) calendar days to file an appeal under Sec. 14-452 or disband the foster home
by relocating, adopting out or euthanizing the fostered animals. Should an animal foster
home caregiver fail to timely disband the foster home or file written appeal under Sec.
14-452, the Director may take appropriate legal action to confiscate the animals.
(b) A notice as required in these rules is properly served when it is delivered by hand to
the animal foster home caregiver, or when it is sent by registered or certified mail, return
receipt requested, to the last known address of the animal foster home caregiver. A
copy of the notice shall be filed in the records of the Director.
Sec. 14-219. Other laws to apply.
Nothing in this Division shall be construed as excusing an animal foster home or an
animal foster home caregiver from all other pertinent laws, including those prohibiting
nuisances or disturbances.
Secs.14-220--14-235. Reserved.
ARTICLE IV. ANIMAL CONTROL
DIVISION 1. GENERALLY
Sec. 14-236. Running at large.
The running at large of animals, including fowl or livestock, within the city is prohibited.
No owner, possessor or harborer shall allow the animal, fowl or livestock to run at large.
All animals, including fowl or livestock, must be restrained by some physical means;
however, an animal, fowl or livestock shall not be considered at large when held and
controlled by some person by means of a rope, leash or chain or as defined under the
term "at large" in section 14-1.
The prohibition against an animal running at large shall not apply to a licensed cat or a
cat harbored as a member cat of a registered cat colony However, if the cat has been
declared a public nuisance, as defined by section 14-1, it may be restricted to the
owner's property by the health district. Failure to follow any of these restrictions
constitutes a violation of this section.
(Ord. No. 61-2004, § 1, 8-2-2004; Ord. No. 81-2004, § 1, 9-21-2004)
Sec. 14-237. Public nuisance.
Any animal, fowl, livestock or wildlife which creates a public nuisance, as defined in
section 14-1, is in violation of this chapter and is subject to impoundment and citation.
(Ord. No. 61-2004, § 1, 8-2-2004)
Secs.14-238--14-265. Reserved.
DIVISION 2. VICIOUS DOGS
Sec.14-266. Definitions.
The following words, terms and phrases, when used in this division, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Vicious dog means any dog:
(1) Without provocation, that bites or attacks a human being or domestic
animal, either on public or private property, or that, in a vicious or terrorizing
manner, approaches any person on the streets, sidewalks or other public places
in an apparent attitude of attack;
(2) With a known propensity, tendency or disposition to attack without
provocation, to cause injury or to otherwise endanger the safety of human beings
or domestic animals; or
(3) Owned or harbored primarily or in part for the purpose of dog fighting,
or trained for dog fighting.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec.14-267. Exemptions.
(a) No dog shall be deemed vicious if the bite, injury or damage was sustained by a
person who at the time was committing a willful trespass upon the premises occupied
by the owner or harborer of the dog or by a person who has tormented or abused the
dog.
(b) Dogs under control of the police department or other proper governmental agency
are exempt from this division.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec.14-268. Penalty.
Any person violating any section of this division shall, upon conviction, be punished as
provided in section 1-14, and the dog shall be impounded immediately in the animal
reclaim center for a minimum of three days or until the violation has been corrected or
other sections of this division have been met. An owner of an animal that without
provocation bites or injures a person or animal shall be strictly liable for the harm
caused by such animal.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-269. Vicious dog license required.
Any person owning a vicious dog must obtain a vicious dog license. Written application
for such license shall be made to the health department and shall include the applicant's
name and address, a description of the animal, proof of current rabies vaccination, and
the payment of a fee set by the health district and approved by the city council; which
shall be posted in the environmental health division of the health district. The expiration
date of the license shall coincide with the current rabies tag. Before the license is
issued, the owner shall have his driver's license number or state identification number
permanently tattooed on the inner surface of one ear of the dog by a licensed
veterinarian. The owner of a vicious dog must be at least 18 years old. Not later than 30
days after a person learns that the person is the owner of a vicious dog as defined in
this chapter, the person shall obtain liability insurance coverage of at least $100,000.00
to cover damages resulting from an attack by the vicious dog causing bodily injury to a
person and the person shall provide proof annually of the required liability insurance
coverage to the health district.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-270. Declaration of vicious dog.
The owner or harborer may voluntarily declare that he has a vicious dog and apply for a
vicious dog license, or the health district, acting on information it has received, may
declare a dog vicious after adequate investigation:
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-271. Investigation of complaints.
If the health district receives a complaint that a dog is vicious and the complainant will
give a sworn statement with particulars concerning the complaint, a thorough
investigation shall be made. If it is determined by the health district that an animal is
vicious and presents a substantial danger to the public health, safety and welfare of the
community, the animal may be impounded immediately and its owner promptly notified.
The owner of such animal shall have the right to file a written appeal as outlined by
Subchapter p of Chapter 822, Health and Safety Code. If the release of the dog is
allowed, impoundment and other fees shall be paid prior to release.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-272. Destruction.
(a) Any dog determined to be vicious by the health district may be destroyed if:
(1) Written appeal pursuant to Subchapter p of Chapter 822, Health and Safety
Code is not made by the animal's owner; or
(2) The owner of such animal fails or refuses to destroy the animal as requested
by official notice or order of the director of health.
(b) A notice as required in these rules is properly served when it is delivered to the
owner, caregiver or possessor of the animal, or when it is sent by registered or certified
mail, return receipt requested, to the last known address of the owner, caregiver or
possessor of the animal. A copy of the notice shall be filed in the records of the
regulatory authority.
(c) Any person refusing to relinquish a vicious animal for destruction shall upon
conviction be punished by fine as provided in section 1-14. If the violation is continuing,
each day shall be deemed a separate offense.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-273. Seizure warrant.
If the harborer of a dog declared vicious refuses to release such animal to the animal
control officer, it shall be the duty of the animal control supervisor to obtain a seizure
warrant for seizure of the animal.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec.14-274. Confinement.
(a) It shall be the responsibility of the owner or harborer of a vicious dog to securely
confine such animal. A vicious dog shall be confined in an enclosure with the walls or
fence at least six feet high and otherwise designed to prevent escape by the dog. The
enclosure must be securely locked.
(b) It shall be unlawful for a vicious dog to be outside the dwelling of the owner or
outside the enclosure unless it is necessary for the owner to obtain veterinary care for
the vicious dog or to sell or give away the vicious dog or to comply with directions of the
health district. In such event, the vicious dog shall be securely restrained with a chain
having a minimum tensile strength of 300 pounds and not exceeding three feet in length
and shall be under direct control and supervision of the owner or harborer or humanely
caged. Unless confined or restrained under conditions stated in this subsection, the
vicious dog shall be considered at large and subject to the penalties of this division.
(c) A vicious dog may not be chained to any object outside the dwelling or locked
enclosure either on or off the property of the owner.
(d) If the animal is sotd, given away or changes residence, the owner or harborer is to
notify the local rabies control authority within five days. The owner must notify in writing
on or before the date of possession or custody as transferred the person who receives
the animal from the owner that the animal is a vicious animal and the requirements of a
vicious dog license. If the owner fails to so notify the recipient the owner shall remain
liable for all penalties in sections 1-14 and 14-268.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec.14-275. Sign.
The owner or harborer of a vicious dog shall display a sign on the premises warning that
there is a vicious dog on the premises. The sign shall be visible and capable of being
read from the public street or highway.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-276. Inspections.
An inspection of the vicious dog and the premises of the vicious dog shall be made
twice a year and at any other time deemed necessary by the health district.
(Ord. No. 61-2004, § 1, 8-2-2004)
Secs.14-277--14-305. Reserved.
DIVISION 3. IMPOUNDMENT
Sec. 14-306. Facilities authorized.
The city council shall select and establish a suitable animal reclaim center (ARC) for
impounding all animals, fowl, livestock and wildlife by the health district.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-307. Records required.
Animal control officers shall keep records giving the following:
(1) The description of all animals, fowl, livestock and wildlife impounded by the health
district;
(2) The date of impounding;
(3) The date of reclaim;
(4) The date of euthanasia or transfer for adoption;
(5) The amount realized for the sale or reclaim of each such animal, fowl or livestock;
and
(6) The name of the purchaser.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec.14-308. Citation.
Any and all animals, fowl or livestock at large are subject to impoundment. In addition to
or in lieu of impounding an animal, fowl or livestock at large, an animal control officer
may issue to the known owner of such at-large animal, fowl or livestock a citation which
will constitute a notice of violation. The citation shall be forwarded to the city attorney for
prosecution.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-309. Right of entry on private property.
If an animal, fowl, livestock or wildlife is observed at large on private property, the
animal control officer and duly appointed assistants may enter the property in
accordance with applicable law for the purpose of emergency impoundment or seizure
of the animal, fowl, livestock or wildlife; or issuance of a citation or both.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-310. Right of owner to reclaim; fee.
The owner of any animal, fowl or livestock impounded in accordance with this article
shall have the right to reclaim the animal, fowl or livestock upon showing satisfactory
proof of ownership and paying to the city the appropriate impoundment fee set by the
health district and approved by the city council; the fee schedule will be posted in the
zoonosis division of the health district.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-311. Vaccination and license required for dogs and cats.
The owner of any impounded dog or cat sixteen weeks of age or older shall, at the time
of redemption, show proof of current rabies vaccination or, if unable to show such proof,
shall be required to have the animal vaccinated before it can leave the animal reclaim
center. The owner must also at this time purchase a city license if unable to show proof
of a current license.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-312. Redemption of wildlife.
No wildlife shall be subject to redemption from impoundment without the approval of the
local rabies control authority.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-313. Detention time.
It shall be the duty of the animal control officer to keep all tagged animals and cats
wearing a microchip for a period of five working days from the date of impoundment and
all untagged animals and cats without tags or microchips for a period of three working
days from the date of impoundment.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec.14-314. Livestock.
(a) Impoundment for running at large. The animal control officer shall take up and
cause to be impounded any livestock found to be running at large within the city limits.
(b) Redemption; fee. The owner of any livestock impounded as provided in subsection
(a) of this section may reclaim the livestock before sale by providing proof of ownership
and paying all expenses, including roper's fee, boarding fee, impounding fee, the
miscellaneous expenses and costs of advertising.
(c) Sale or disposal. The animal control supervisor shall proceed to sell any unclaimed
livestock so impounded at public auction for cash, first giving three days' notice in the
city's daily official newspaper describing the livestock impounded and stating that the
livestock will be sold to defray costs, if not reclaimed before the date of the sale. If not
reclaimed by such date, the animal control supervisor shall on such date, sell such
livestock at public auction. The animal control supervisor shalt have the right to refuse
all bids and arrange for other disposition. If any at-large livestock impounded by the
health district is diseased or afflicted in any manner, such livestock may be euthanized
after obtaining a statement from a veterinarian.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-315. Fowl.
No owner, possessor or harborer of chickens, turkeys or other fowl shall allow the fowl
to run at large within the city limits. The fowl running at large shall be impounded by the
health district. The owner of any fowl impounded may redeem such by paying the
appropriate impounding and boarding fees during the three working days' impoundment
period. Antwerp messenger or homing pigeons are excepted from this section.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-316. Trapping.
(a) Any animal control officer is authorized to employ the use of humane cage traps
(e.g., Have-A-Heart, Tomahawk Brand) for the purpose of capturing animals, fowl or
wildlife at large.
(b) Residents of Wichita Falls wishing to trap unwanted animals may do so with the use
of humane cage traps.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec.14-317. Euthanasia.
Any animal, fowl, livestock or wildlife impounded or found at large within the city may be
destroyed upon determination by the animal control supervisor or a local veterinarian
that it has been injured or is sick and in such state that its recovery is seriously in doubt
or that it is sick and endangers the health of other animals or persons. All euthanasia
. shall be done humanely, by injection of a lethal drug or necessary means as approved
by state law.
(Ord. No. 61-2004, § 1, 8-2-2004)
Secs. 14-318--14-320. Reserved.
DIVISION 4. ANIMAL SHELTER ADVISORY COMMITTEE
Sec.14-321. Creation.
There is hereby created an animal shelter advisory committee.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec.14-322. Representation.
The animal shelter advisory committee shall be composed of five persons with the
following qualifications: one veterinarian; one animal welfare organization
representative; one city official, designated as the Local Rabies Control Authority of
Wichita Falls (LRCA), as mandated by the Texas Health and Safety Code section
826.017, one person whose duties include the daily operation of an animal shelter, and
one citizen representing the general public.
(Ord. No. 61-2004, § 1, 8-2-2004; Ord. No. 6-2007, § 1, 1-16-2007)
Sec. 14-323. Term of office; meetings.
The Local Rabies Control Authority of Wichita Falls shall serve an indefinite term. The
veterinarian appointed to the committee shall serve a term of finro years; the animal
welfare organization representative shall serve a term of finro years; the member whose
duties include the daily operation of an animal shelter shall serve a term of one year;
and the citizen representing the general public shall serve a term of two years. All terms
expire on December 31. The committee shall meet at least three times each year.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec.14-324. Duties.
The animal shelter advisory committee shall perform the following duties:
(1) Assist the city in an advisory capacity in complying with the terms of Chapter 823 of
the Texas Health and Safety Code, as amended; and,
(2) Assist the city in an advisory capacity in establishing procedures applicable to the
city's animal control program as follows:
a. Procedures to insure that the city's animal shelter shall separate all animals in
its custody at all times by species, by sex (if known) and if the animals are not related to
one another, by size;
b. Procedures to insure that the city's animal shelter will not confine healthy
animats with sick, injured or diseased animals;
c. Procedures to insure that the city, at least once a year, employs a veterinarian
to inspect the city's animal control shelter to determine that such facility comp�ies with
the requirements of Chapter 823 of the Texas Health and Safety Code, as amended.
The veterinarian shall file copies of his report with the person operating the shelter and
with the Texas Department of Health on forms prescribed by the Texas Department of
Health; and,
d. Procedures to insure that the shelter operator or contractor maintains the
necessary records required under Section 823.003(e) of the Texas Health and Safety
Code, as amended.
(Ord. No. 61-2004, § 1, 8-2-2004)
Secs. 14-325--14-345. Reserved.
ARTICLE V. RABIES CONTROL*
*Cross references: Environment, ch. 26
State law references: Rabies control, V.T.C.A., Health and Safety Code § 826.001 et
seq.
Sec. 14-346. Reporting rabid animals, livestock, wildlife.
It shall be the duty of every animal or livestock owner or harborer, veterinarian,
physician or any person to report to the health district all cases of rabies with which he
comes in contact or to which his attention has been directed. This report shall be made
immediately upon diagnosis or suspicion of a case of rabies.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-347. Reporting rabies exposure.
A person having knowledge of an animal bite or scratch to an individual or of an animal
that the person suspects is rabid shall report the incident or animal to the health district.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-348. Quarantine of animals, livestock exhibiting symptoms.
Any animal or livestock that has symptoms of rabies as verified by a veterinarian shall at
once be placed under rabies quarantine by the animal control supervisor.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-349. Quarantine and redemption of biting or attacking animals or
livestock.
(a) If any person alleges that any animal or livestock has bitten, scratched or otherwise
attacked any person within the city in a manner which caused a break in the skin of the
person, he may report the incident to the health district and sign an animal bite
complaint form. It shall be the duty of the animal control officer, as soon as feasible, to
impound such animal or livestock for quarantine purposes.
(b) If a disagreement should occur or question arise as to whether or not a wound is the
result of an animal or livestock bite or scratch, the complainant shall be required to sign
a notarized affidavit before the impoundment and quarantine will be instituted. This
quarantine shall take place at the animal reclaim center or at a local veterinary hospital
for a period of at least ten days (240 hours from the time of the incident).
(c) Impoundment at any approved facility for rabies quarantine purposes shall be at the
expense of the owner of the impounded animal or livestock. If a harborer of a
quarantined animal cannot be identified and located within a reasonable length of time,
the victim, at his option, may elect to have the animal examined by a veterinarian or to
have the tissue submitted for laboratory examination, and the costs so incurred shall be
borne by the victim. No animal or livestock confined for quarantine purposes under this
article shall be released to any person until all vaccinations required under section 14-
36 have been given.
(d) Should any owner or harborer of any animal or livestock which has bitten or
scratched a person within the city fail to turn over the animal for quarantine, or refuse to
allow the quarantine of such animal or livestock, pursuant to this section, or attempt to
interFere with such impoundment, that person shall be guilty of a class C misdemeanor
punishable by a fine set out under the provisions of this article.
(e) Unvaccinated animals should not be vaccinated against rabies during the ten-day
(240 hours) observation period; however, animals may be treated for unrelated medical
problems diagnosed by a veterinarian.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-350. Seizure warrant.
If the harborer of an attacking animal refuses to release for quarantine such animal, it
shall be the duty of the animal control supervisor to obtain a seizure warrant for the
seizure and quarantine of the animal in question.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-351. Citywide quarantine.
(a) Anima/s in public restricted. During the period of citywide quarantine, it shall be
unlawful for any person to allow any animal to be taken, whether restrained or not, to
the streets or any other public place.
(b) Conditions warranting. A citywide quarantine may be invoked for a period of 30
days by the local health authority after an investigation if it has been determined that
there exists an immediate threat of rabies.
(c) Extension of time. If there are additional positive cases of rabies occurring during
the 30-day period of the citywide quarantine, such period of quarantine may be
extended for an additional reasonable period of time.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-352. Animals or livestock bitten by suspected rabid animals.
Every unvaccinated animal or livestock bitten or attacked by another animal or wildlife
suspected of being rabid shall be destroyed or quarantined for a period determined by
state law, at the owner's expense. Vaccinated animals or livestock must be destroyed or
quarantined for a period determined by state law from the date of exposure.
(Ord. No. 61-2004, § 1, 8-2-2004)
Secs.14-353--14-380. Reserved.
ARTICLE VI. CRUELTY TO ANIMALS*
*State law references: Treatment and disposition of animals, V.T.C.A., Health and
Safety Code § 821.001 et seq.; cruelty to animals, V.T.C.A., Penal Code § 42.09
Sec. 14-381. Food, water and shelter.
No owner shall fail to provide his animals, fowl or livestock with sufficient good and
wholesome food and water, adequate shelter and protection from the weather,
adequate space and humane care and treatment and reasonable veterinary care when
needed to prevent suffering. All persons owning, possessing or harboring such shall
comply with the following requirements:
(1) Shelter. Shelter shall be provided as follows:
a. Animals. Animals shall be provided with access to shelter to allow
them to remain dry and protected from the elements. Such shelter shall be
enclosed fully on three sides, shall be roofed, and shall have a solid floor. The
entrance to the shelter shall be flexible to allow the animal's entry and exit and
sturdy enough to block entry of wind or rain. The shelter shall be small enough to
retain the animal's body heat and large enough to allow the animal to stand and
turn comfortably. The enclosure shall be structurally sound and in good repair.
Bedding shall be provided. Either natural or artificial shade shall be provided to
protect the animal from direct sunlight. If shade is provided by enclosure,
allowance shall be made for adequate ventilation. A suitable method shall be
provided to rapidly eliminate excess water from the shelter area.
b. Livestock. Livestock shall be provided with access to shelter to allow
them to remain dry during rain and snow and protected from severe chill factor.
Such shelter shall have three sides and a roof. It shall be structurally sound and
in good repair to protect the livestock from injury. Such shelter will provide
minimum space to accommodate all livestock confined within the compound as
provided in subsection 14-420(a). Either natural or artificial shade shall be
provided to protect livestock from direct sunlight. If shade is provided by the
enclosure, allowance shall be made for adequate ventilation. A suitable method
shall be provided to rapidly eliminate excess water from the shelter area.
(2) Mobility and space requirements. Any animal or livestock kept on a chain or
rope shall be placed so that it cannot become entangled with the restraints of other
animals or livestock or with any other objects. The chain or rope shall be of sufficient
length to allow the animal or livestock complete access to shelter at all times. The chain
shall be attached in a manner so as not to cause injury or discomfort to the animal or
livestock. For dogs, the chain or rope shall be at least three times the length of the dog
as measured from the tip of the nose to the base of the tail. Cats shall not be staked
outside on a leash, rope, chain or similar apparatus. For animals and livestock not
confined by chain or rope, the enclosure shall be constructed and maintained so as to
provide sufficient space for normal movement and to prevent overcrowding and physical
discomfort as provided in subsections 14-416(1) and 14-420(a)).
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-382. Inhumane treatment.
No person shall beat, cruel�y treat, torment, mentally abuse, overload, overdrive,
overwork, kill, torture, mutilate, maim or perform, cause to be performed or permit to be
performed any other act of cruelty upon any animal, wildlife, fowl or livestock. No person
other than a licensed veterinarian shall crop the ears, dock the tail or perform any
surgery on any animal, wildlife, fowl or livestock, excluding livestock castration and
dehorning. It shall be an affirmative defense under this section that such action was
reasonably necessary to protect the health and safety of a human or an animal.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-383. Abandonment of animals; release of wildlife.
No person having custody of any animal, fowl or livestock, as owner or otherwise, shall
abandon such animal, fowl or livestock. No person having custody of any wildlife shall
abandon or release any such wildlife that is incapable of surviving on its own in the
environment into which it is to be released.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-384. Giving animals as prizes or inducements; artificially colored baby
fowl or animals; sale of quantities of young fowl.
(a) No person shall give away any live animal, reptile, fowl, livestock or wildlife as a
prize for or inducement to enter any contest, game, or other competition; an inducement
to enter a place of amusement; or as an incentive to enter into any business agreement
whereby the offer is for the purpose of attracting trade.
(b) No chick, duckling, gosling, rabbit or hamster that has been dyed or otherwise
colored artificially shall be sold or offered for sale; offered or given as a prize, premium
or advertising device; or displayed in the city.
(c) No chickens, chicks, ducklings, goslings or similar fowl younger than eight weeks of
age shall be sold in quantities of less than 12 to a single purchaser. Stores, shops,
vendors and others offering such for sale in quantities of 12 or more shall provide and
operate brooders or other heating devices that may be necessary to maintain the
chicks, ducklings or goslings in good health and shall keep adequate food and water
available to such fowl at all times.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-385. Duty of motor vehicle operator to report accidents involving
animals, fowl, livestock.
Any person who, as the operator of a motor vehicle within the city, strikes any animal,
fowl or livestock shall stop at once, render such assistance as may be practicable, and
report the accident to an appropriate law enforcement agency or the health district.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-386. Exposing poisonous substances or traps.
(a) No person shall expose any known poisonous substance, whether mixed with food
or not, so that the poison shall be liable to be eaten by an animal, fowl, livestock, wildlife
or person. This subsection is not intended to prohibit the prudent use on one's own
property of herbicides, insecticides or common rodent control materials (e.g., rat
poisons) mixed only with a vegetable substance.
(b) No person shall expose an open-jaw-type trap, leghold trap, snare trap or any type
trap able or liabfe to cause physical harm or injury to any animal, fowl, livestock, wildlife
or person.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-387. Performing animal exhibitions.
(a) No perForming animal exhibition or circus shall be permitted in which performing
animals are induced or encouraged to perform for entertainment through use of
chemical, mechanical, electrical or manual devices in a manner which will cause or is
likely to cause stress, physical injury or suffering to the performing animal.
(b) All equipment used on a perForming animal shall fit properly and shall be in good
working condition.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-388. Confining animals to motor vehicles.
(a) No animal shall be confined within a motor vehicle at any location under such
conditions as may endanger the health or well-being of the animal, including but not
limited to dangerous temperature; lack of food, water or attention; or confinement with a
dangerous animal.
(b) Any animal control or peace officer is authorized to remove any animal from a motor
vehicle at any location when he reasonably believes it is confined in violation of
subsection (a) of this section. Any animal so removed shall be delivered to the animal
reclaim center, after the removing officer leaves written notice of such removal and
delivery, including his name, in a conspicuous, secure location on or within the vehicle.
(Ord. No. 61-2004, § 1, 8-2-2004)
Secs. 14-389--14-415. Reserved.
ARTICLE VII. CARE OF ANIMALS
Sec. 14-416. Sanitation; odor and vector control; cage sizes.
Every owner, possessor or harborer of animals, fowl and livestock shall comply with the
following regulations and sanitation requirements:
(1) Animal wasfes. Approved procedures for disposing of animal wastes shall be
provided and utilized on a daily basis.
(2) Odor and vector contro/ required. All persons keeping animals within the city shall
keep the premises upon which such animals are kept clean and free from noxious and
unpleasant odors and shall use some standard spray or other chemical control at
reasonable intervals so as to keep such premises free from flies, mosquitoes, ticks,
fleas and other vectors.
(3) Minimum cage size. Minimum cage size shall be as follows and overcrowding shall
be prohibited:
a. Every keeper of an animal shall confine the animal in an enclosure sufficient
to prevent its running at large. Such enclosure shall also be of sufficient size to maintain
the animal comfortably and in good health. The following shall be the minimum standard
for cage size:
1. Large breeds, over 50 pounds: four feet by six feet; or 25 square feet.
2. Medium breeds, 36 to 50 pounds: four feet by feet; or 20 square feet.
3. Small breeds, ten to 35 pounds: three feet by four feet; or 12 square
feet.
4. No more than finro large, two medium, or three small breed animals
shall be permitted per five-foot by ten-foot cage, nor shall overcrowding occur in
cages of any size.
b. In addition, all permitted facilities will conform to this subsection except for the
following allowances for pet shop cages:
1. Two feet by finro feet by two feet for finro pups not over five pounds each
or four kittens.
2. Two and one-half feet by two and one-half feet by two and one-half feet
for two pups not over ten pounds each.
3. Three feet by three feet by two and one-half feet for one small dog 10
to 20 pounds.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-417. Keeping of rabbits.
No person shall own, possess or harbor rabbits in any enclosure which is less than 50
feet, shortest measure distance, from any residence, as defined in section 14-1, except
the residence of the harborer.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-418. Keeping of fowl.
(a) Generally. No person shall:
(1) Harbor any fowl with less than 12 square feet of floor or ground area for
each. Permitted pet shops shall be exempt from this subsection.
(2) Keep any fowl within any structure in the city without thoroughly cleaning the
area at least once each day and so maintaining such structure that no offensive odors
are emitted there from.
(3) Keep any fowl within any structure, the interior of which is not treated with an
approved disinfectant at least once every six months to discourage insects, fleas, ticks,
mites, mosquitoes and flies.
(4) Place the coop, pen, housing or enclosure nearer than 75 feet to any
residence excluding the residence of the harborer of the fowl. The distance may be
reduced to not less than 50 feet if written permission is received from the resident who
is closer than 75 feet. Permitted pet shops shall be exempt from this subsection.
(5) Keep any fowl in violation of any other section of this chapter.
(b) Breeding orkeeping of certain pigeons. Standards for the breeding or keeping of
certain pigeons shall be as follows:
(1) Restricted. No person shall keep, breed or raise pigeons within the
corporate city limits except the Antwerp messenger or homing pigeons, commonly
called carrier pigeons, when the keeper complies with this section.
(2) Identification required. The Antwerp messenger pigeon shall have the name
of the owner stamped upon its wing or tail or a leg band or ring with the name or initials
of its owner or an identification or registration number stamped thereon when permitted
to race or to fly for necessary exercise and training.
(3) Odor elimination and setback required. The enclosure shall be kept clean
and free of offensive odors, and the nearest point of the enclosure shall not be less than
100 feet from the nearest point of any residence on another's property.
(4) Trespassing prohibited. It shall be unlawful to maintain any Antwerp
messenger pigeon in such a manner that constitutes a nuisance because of repeated
trespasses on public property or private property, other than that of the owner of such
pigeons.
(c) Keeping of guineas and peacocks prohibited. No person shall keep or maintain
within the city limits any guinea fowl or peacocks.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-419. Keeping of fowl, rabbits, guinea pigs or ferrets for commercial
purposes.
No owner, possessor or harborer of any domestic fowl, rabbits, guinea pigs or ferrets,
where such fowl or animals are kept for sale or for any purpose other than domestic use
or home consumption, shall allow such fowl or animals to roam in open pens on the
ground. However, such harborer may keep such fowl or animals for sale or commercial
purposes, provided he keeps such fowl or animals in batteries or coops, arranged inside
of buildings and kept in a sanitary condition, removing all droppings from such buildings,
batteries or coops at least once each day and disinfecting and deodorizing such
buildings, batteries or coops at least once each day. Any such building must be at least
50 feet from any residence other than the harborer's.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-420. Keeping of livestock.
(a) Setback required; minimum space required. No livestock shall be kept or
maintained at a distance closer than 200 feet from any residence located on another's
property. All such livestock shall be maintained on a properly fenced parcel of land,
providing a minimum of 600 square feet of area for each head of livestock. All such
livestock shall have provided by their owner a shed of reasonable size for the number of
livestock to be protected as provided in subsection 14-381(1)b.
(b) Odor, vector and pest control required. The place of keeping livestock shall be kept
free of offensive odor, flies, rodents and other pests.
(c) Manure container required. Each and every enclosure in or on which any livestock
are kept shall have a suitable manure container, into which all manure shall be placed
daily. Each container shall be securely screened or otherwise protected from flies,
rodents and other vermin and shall be cleaned out and disinfected at least once a week.
Manure from containers shall not be left in open stacks, but shall be removed or buried.
(d) Exemptions. Livestock production areas, as defined in section 14-1, shall be
exempt from the requirements of this section.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-421. Keeping of swine.
(a) Definition. For the purposes of this section, the term "potbellied pig" shall mean a
Vietnamese potbellied pig, and under no circumstances shall any swine be considered
a potbellied pig if its weight exceeds 95 pounds.
(b) Restrictions. It shall be unlawful for any person to keep swine, pigs or hogs in the
corporate city limits, except under the following circumstances:
(1) It shall be unlawful for any person to keep, harbor or raise more than finro
potbellied pigs in any one location within the city.
(2) All such potbellied pigs shall be kept indoors at all times, other than times for
evacuation of waste materials or during exercise periods. During the time periods the
pig is permitted outdoors, it shall be confined within the property limits of the owner and
shall not be left unattended.
(3) All potbellied pigs shall be spayed or neutered on or before the age of twelve
weeks. No adult potbellied pig may be kept within the corporate city limits unless its
tusks have been surgically removed and the pig has been spayed or neutered.
(4) All potbellied pigs shall receive annual vaccinations for erysipelas. It shall be
the responsibility of the owner of the pig or the property to forward to the animal control
supervisor an erysipelas vaccination certificate from a licensed veterinarian, which shall
include the following information:
a. Name and address of the owner.
b. Description of the pig.
c. Date of vaccination.
d. Weight.
e. Other appropriate information.
(5) No person shall keep any potbellied pig in any location within the city unless
this person has filed with the animal control supervisor an application for harboring a
potbellied pig and such application has been approved and a permit issued by the
animal control supervisor. The annual permit fee shall be set by the health district and
approved by the city council; the fee schedule will be posted in the environmental health
division of the health district.
(6) If the potbellied pig dies, is moved or acquires a new owner or caretaker, it
shall be the registered owner's duty to inform the animal control supervisor of the fact
within 14 days of the event.
(c) Exceptions. Exceptions to this section shall be as follows:
(1) Veterinary facilities. Veterinary hospitals, clinics and related practices of
veterinary medicine shall be exempt from this section.
(2) Other facilities. Stock shows, livestock auctions, slaughterhouses, public
zoos, governmental agencies including public schools, laboratories, certain school
project animals, and research facilities, approved by the director of health, may be
exempt from this section.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-422. Keeping of wildlife.
No person shall keep or permit to be kept on his premises any wild animal. This
subsection shall not be construed to apply to approved zoological parks, performing
animal exhibitions, circuses, animals kept for treatment in a facility operated by a
veterinarian or animals used for research or teaching purposes by a licensed hospital or
nonprofit university or college providing a degree program.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-423. Disposition of litter and droppings.
Every harborer of animals, livestock or fowl shall cause the litter and droppings there
from to be disposed of daily in a sanitary manner, such that the creation of odors and
the breeding of flies, rodents and other vermin is minimized. The method employed
must meet with the approval of the local rabies control authority.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-424. Storage of feed.
All feed provided for animals, livestock or fowl shall be kept in a rat proof, fly proof
container.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-425. Keeping of project animals, livestock or fowl by school children.
� , .
(a) School-age children enrolled in a public or private school which offers FFA/4-H
programs, in which the class participants are required or allowed to raise project
animals, livestock or fowl for show or profit purposes, may apply for a permit to keep
certain prohibited animals, livestock or fowl for the school project, even though the
property may not be fully in compliance with the setback requirements of this article.
Those students are required to:
(1) Apply for an annual FFA/4-H project animal/livestock/fowl permit.
(2) Pay the annual permit fee.
(3) Show proof of enrollment in one of the listed school programs.
(4) Agree to comply with cleanliness and sanitation requirements of this article
and the state health and safety code.
(5) Obtain the approval, in writing, of all adjacent or across the road property
owners.
(6) Allow inspection by the animal control staff of the animal, livestock or fowl,
pens, facilities, and property before issuance of the permit.
(b) Failure to comply with any of the requirements of this section will disallow the
issuance of the necessary permit. Permits are nontransferable and are revoked upon
either graduation from high school, dropping the class, or nonattendance by the student.
(Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-426. Nonconforming use.
Any property issued a nonconforming use permit and in operation on July 4, 1999 shall
be allowed to renew their permit annually only as long as:
(1) The nonconforming use is not expanded by increasing the number and/or
types of animals.
(2) The property does not change owners.
(3) The nonconforming use is continuous and not stopped for a period in excess
of six months.
(4) Existing structures are not extensively modified or changed and remain in
sound condition except for routine maintenance and repair. Additionally, the structures
are not to be relocated unless there is a need to provide for the health and security of
the animals and/or the public.
(5) Local and state cleanliness and sanitation requirements are perpetually in
compliance.
(Ord. No. 61-2004, § 1, 8-2-2004)
Secs.14-427--14-450. Reserved.
ARTICLE VIII. ANIMAL CONTROL HEARINGS
Sec. 14-451. Right to hearing.
(a) The following determinations may be appealed under the procedures in this article:
(1) Denial of any permit applied for under Chapter 14;
(2) Revocation of any permit applied for under Chapter 14;
(3) Seizure or impoundment of any animal; and
(4) The necessity of the destruction of any animal.
. . '
(b) The following determinations of the Director may be appealed to the City of Wichita
Falls Municipal Court under the procedures of Subchapter p of Chapter 822, Health and
Safety Code:
(1) Declaration of vicious dog.
(c) The following determinations of the Director may be appealed to the City of Wichita
Falls Municipal Court under the procedures of Subchapter E of Chapter 822, Health and
Safety Code:
(1) Denial or renewal of certificate of registration for a dangerous wild animal.
Sec. 14-452. Notice of right and request for hearing.
(a) Any determination which results in a right to a hearing under Sec. 14-451(a) must
be given in writing as an official notice to the owner, caregiver or possessor of the
animal.
(1) Such writing must provide the owner, caregiver or possessor of the animal
with notice of the right to a hearing, and instructions on the procedure for
requesting a hearing.
(2) A written request for hearing must be filed with the Director within five days of
receiving written notice of the determination.
(3) The owner, caregiver or possessor of the animal shall be granted a hearing
within ten days of receipt of a request for hearing.
(4) If no request for a hearing is received by the Director within five days of
receipt of the written notice of the determination by the owner, caregiver or
possessor of the animal, the determination is sustained and becomes final.
(5) A notice as required in these rules is properly served when it is delivered to
the owner, caregiver or possessor of the animal, or when it is sent by registered
or certified mail, return receipt requested, to the last known address of the owner,
caregiver or possessor of the animal. A copy of the notice shall be filed in the
records of the regulatory authority.
(b) Any determination which results in a right to a hearing under Sec. 14-451(b) or (c)
must be given in writing as an official notice to the owner, caregiver or possessor of the
animal. Such writing must provide the owner, caregiver or possessor of the animal with
notice of the right to a hearing.
Sec.14-453. Representation.
The owner, harborer or other relevant party may represent himself or be represented by
the licensed attorney of his choice at the hearing.
Sec. 14-454. Conduct of Hearing.
The Director or their designee shall conduct the hearings provided for in these rules at a
time and place designated by the Director. Based upon the recorded evidence of such
hearing, the Director or designee shall make final findings, and shall sustain, modify or
rescind any notice or order considered in the hearing. A written report of the hearing
decision shall be furnished to the owner, caregiver, or possessor of the animal by the
health district. If the outcome of the hearing allows for the re-issuance of the license, a
reapplication fee shall be assessed at the discretion of the Director.
, . ..
.
SECTION 2. It is hereby officially found and determined that the meeting at which this
ordinance was passed was open to the public as required by law.
PASSED AND APPROVED this the 3rd day of March, 2009.
�
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MAYOR
ATTEST:
i Clerk
Affidavit of Publication
THE STATE OF TEXAS #231802
COUNTY OF WICHITA
ORDkNANC� NO.
ORDINAN� oF � On this 19 day of March 2009 A D...
THE CITY COUNCIL
oF THE CITY oF personally appeared before me, the undersigned authority
TEXAS A F ORDI ' Kathy Salan, Sales Assistant for the Times Publishing
NANCE AMENDING
�N �TS ENTIRETY Company of Wichita Falls, publishers of the Wichita Falis
CHAPTER 14, ANI-
MALS oF rHe Times/Record News, a newspaper published at Wichita Falls in
WICHITA FALLS
CODE oF oRO�- Wichita County, Texas, and upon being duly sworn by me, on
NANCES;
oath states that the attached advertisement is a true and
correct copy of advertising published in One (1) issues hereof
on the following date:
March 15, 2009
/ ��
Sales Assistant for Times Publis ' ng Company of Wichita Falls
Subscribed and sworn to before me this the day and year first above written:
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