HomeMy WebLinkAbout1998-O-24 - Animal Control OrdinanceORDINANCE NO. 1998- 24
AN ORDINANCE AMENDING ORDINANCE NO. 1997-8 OF THE CITY OF
STEPHENVILLE BY CHANGING THE LICENSE ISSUE DATE AND BY ADDING TO
ARTICLE 9, SECTION E (1) AND (2); AND PROVIDING FOR PENALTIES AS
PROVIDED HEREIN.
ANIMAL CONTROL ORDINANCE
Be it ordained by the City Council of the City of Stephenville, Texas, that:
ARTICLE 1. PREAMBLE
The animal control regulations as herein established have been enacted for the purpose of promoting
the health, safety, and general welfare of the City of Stephenville. The intent of the regulations,
prohibitions, and provisions is to protect values within the City of Stephenville; to enhance the
quality of life of persons, pets, and other animals; and to protect the general public from damage and
injury, which may be caused by, unregulated animals.
ARTICLE 2. DEFINITIONS
When used in this ordinance the following words and terms, unless the context indicates a different
meaning, will be interpreted as follows:
(A) ABANDON: To withdraw protection, support, or help from.
(B) ANIMAL CONTROL OFFICER: A person designated by the City of Stephenville as the
primary enforcement officer of ordinances regulating animals and owners of animals and for
the enforcement of Sections of the Texas Statute pertaining to the care and control of
animals.
(C) BOARDING/RIDING STABLE: Any facility for boarding, livery, training, or riding school;
or any facility which maintains horses or ponies, mules, donkeys, or burros; whether
gratuitously or for a fee.
(D) DANGEROUS ANIMAL: Any warm blooded mammal which is known to carry or be
susceptible to the rabies virus and which cannot be effectively vaccinated against that virus
with any vaccine approved by the Texas Department of Health. A dangerous animal includes
any hybrid animal, any pet wildlife, or any domestic animal which has attacked a human or
which is apprehended or observed unrestrained.
(E) DANGEROUS DOG: A dangerous dog is one that:
(1) makes an unprovoked attack on a person that causes bodily injury and occurs in
a place other than an enclosure in which the dog was being kept and that was reasonably
certain to prevent the dog from leaving the enclosure on its own; or
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(2) commits unprovoked acts in a place other than an enclosure in which the dog was
being kept and that was reasonably certain to prevent the dog from leaving the enclosure on
its own and those acts cause a person to reasonably believe that the dog will attack and cause
bodily injury to that person.
(F) DOMESTIC ANIMAL: Any animal whose physiology has been determined or manipulated
through selective breeding and does not occur naturally in the wild, which can be vaccinated
against rabies with an approved rabies vaccine, and any animal which has an established
rabies quarantine observation period.
(G) ERATH COUNTY HUMANE SOCIETY SHELTER: The facility designated and/or
operated by the Erath County Humane Society for the purpose of impounding and caring for
animals held under authority of this ordinance. The Erath County Humane Society will be
referred to as the Shelter hereafter.
(H)
ESTRAY:Any stray horse, stallion, mare, gelding, filly, colt, mule, jenny, jack, jennet, hog,
sheep, goat, confined and domesticated hares and rabbits, or any species of cattle.
(I)
EXOTIC SPECIES: Any animal born or whose natural habitat is outside the continental
United States, excluding non -venomous reptiles and fish. This is to include bobcats and
cougars.
(J)
GUARD DOG: Any dog which is professionally trained and kept solely for the protection
of persons and property
(K)
HARBORING: The act of keeping and caring for an animal or of providing a premise to
which the animal returns for food, shelter, or care, for a period of three (3) days or longer.
(L)
HYBRID: An offspring of genetically differing parents as members of different breeds or
species.
(M)
KENNEL: Any establishment designed or used for the boarding, selling, or breeding of
animals where three (3) or more dogs or cats are to be boarded, sold, or bred. This excludes
veterinary clinics.
(N)
LIVESTOCK: An animal raised for human consumption or an equine animal, to include:
cattle, sheep, horses, mules, donkeys, llamas, burros, goats, swine, poultry or any hybrid of
these.
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OWNER: Any person who has right of property in an animal or any person who exercises
control over an animal for any length of time.
(P)
RABIES VACCINATION: The vaccination of a dog, cat or other domestic animal with an
rabies vaccine approved by the Texas Department of Health and administered by a Doctor
of Veterinary Medicine licensed by the Texas State Board of Veterinary Medical Examiners.
(Q)
RUNNING AT LARGE: Any animal which is:
(1) Not restrained by means of a leash, chain, or other physical apparatus of sufficient
strength and length to control the actions of such animals while off the owner's premises.
(2) Not confined to premises of owner by a substantial fence of sufficient strength
and
height to prevent the animal from escaping therefrom, or secured on the premises by a chain
or leash sufficient in strength to prevent the animal from escaping from premises and so
arranged that the animal will remain upon the premises when the leash is stretched to full length.
Any animal which is within a vehicle in a manner that would prevent that animal's escape
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or contact with other persons or animals will not be deemed "at large."
(R) SECURE ENCLOSURE: Means a fenced area or structure that is:
(1) locked;
(2) capable of preventing the entry of the general public, including children;
(3) capable of preventing the escape of a dog; and
(4) clearly marked as containing a dangerous dog.
(S) STRAY ANIMAL: Any animal roaming with no physical restraint beyond the premises of
an animal's owner or keeper.
(T) THEATRICAL EXHIBITION: Any exhibition or act featuring "performing animals."
Example: circus or carnival.
(U) UNPROVOKED: With respect to an attack by an animal where the animal was not
taunted or teased; hit, kicked, or struck by a person with an object or part of a person's body;
nor was any part of the animal's body pulled, pinched, or squeezed by a person.
(V) VETERINARIAN: Any Doctor of Veterinary Medicine having a current license issued by
the Texas State Board of Veterinary Medical Examiners.
(W) WILDLIFE: Any animal which occurs naturally in a wild state, including any hybrid breeds.
ARTICLE 3. GENERAL
SECTION 1. CREATING A HEALTH HAZARD:
(A) No animal owner will violate the Stephenville Health and Sanitation Code, Chapter 10,
Article II, Sections 10-18 and 10-20.
(B) No person will allow his/her animal to eliminate on public property or the property
of another and not remove the same.
SECTION 2. TAMPERING WITH TRAPS AND EQUIPMENT:
No person will remove, alter, damage or otherwise tamper with a trap or equipment belonging to/set
out by the Animal Control Division.
SECTION 3. AUTHORITY TO DESTROY INJURED/DISEASED ANIMAL:
The Animal Control Division, or authorized representative, is authorized to destroy any injured or
diseased animal, whether such animal is on public or private property, when the recovery from such
injuries or disease is in serious doubt, and after a reasonable effort has been made to locate the owner
of such animal.
SECTION 4. EXCESSIVE NOISE:
No person will knowingly keep on their premises an animal that disturbs the peace by making
excessive loud or obnoxious noises. Any person who has been notified by the Animal Control
Officer or Stephenville Police Department that their animal is disturbing the peace in this manner
has twenty-four (24) hours from the time of notification to stop the disturbance and prevent its
recurrence. Failure to do so within this time period is a violation of this ordinance and will be
considered a misdemeanor. Each (24) hour period such a violation occurs is punishable as a separate
offense.
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ARTICLE 4. ANIMAL CARE
SECTION 1. PROVIDE CARE:
No owner will fail to provide an animal in his/her care with sufficient good and wholesome food or
water, adequate shelter and protection from weather, veterinary care when needed to prevent
suffering, and humane care and treatment.
SECTION 2. CRUEL TREATMENT:
No person will cruelly treat any animal or cause, instigate, or permit any type of fighting between
animals or between animals and humans.
SECTION 3. ABANDONMENT:
No person will abandon an animal in his custody.
SECTION 4. INJURED ANIMAL:
Any person who, as the operator of a motor vehicle, strikes a domestic animal will immediately
report such injury or death to the animal's owner or report the accident to the appropriate law
enforcement agency or to the Erath County Humane Society.
SECTION 5. POISONOUS SUBSTANCE/TRAPS:
No person will expose any known poisonous substance, whether mixed with food or not, that is
liable to be eaten by any domestic animal or person. This section is not intended to prohibit use of
herbicides, insecticides, or rodent control materials. No person will operate an open trap or metal
jaw type that is exposed to any domestic animal or person.
SECTION 6. THEATRICAL EXHIBITS:
All Theatrical Exhibits as defined herein will, in addition to other requirements of this ordinance,
comply with the minimum standards of this section. Facilities will be subject to inspection by an
Animal Control Officer upon his/her request during reasonable hours.
(A) Animal quarters will be of sufficient size to allow each animal to stand up, lie down, and
turn around in a natural position.
(B) Each enclosure will be maintained in comfortable and healthy temperature level as well
as adequate ventilation.
(C) No animal will be caused to fight, wrestle or be physically matched against any
other animal or person.
(D) No animal will perform or be displayed in any dangerous situation that presents the
danger of physical injury to the animal or person.
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ARTICLE 5. ANIMAL IMPOUNDMENT
SECTION 1. IMPOUNDMENT: Animals owned or harbored in violation of this ordinance or law
of the State of Texas may be taken into custody by an animal control officer or any law enforcement
agent and impounded under the provisions of this ordinance.
SECTION 2. DISPOSITION OF IMPOUNDED ANIMALS:
(A) All animals impounded by the Animal Control Division will be held for a minimum of
three (3) working days at the Shelter. During that time period, the owner may present proof of
ownership to the Shelter and, after paying all applicable fees, reclaim the animal. If the animal is
not claimed within this time period, it will become the property of the Erath County Humane Society
on the fourth (4th) day.
(B) All animals brought to the Shelter by a person other than the Animal Control Officer, to
include the owner or harborer, will immediately become the property of the Erath County Humane
Society.
(C) All animals brought to the Shelter by the Animal Control Division or any other person,
to include the owner or harborer, which are obviously sick, injured, or diseased, will immediately
become the property of the Erath County Humane Society.
(D) As required by state law, it will be the duty of the Erath County Sheriffs Office to take
up any livestock for impoundment.
(E) All animals other than dogs, cats, livestock, or strays in Stephenville impounded by the
Animal Control Division, or brought to the Shelter by any other person, to include the owner or
harborer, will become the property of the Erath County Humane Society, unless such ownership is
prohibited by state or federal law.
(F) Once an animal becomes the property of the Shelter, the Erath County Humane Society
will retain the sole authority to determine the final disposition of each animal in its custody. The
Society will not place any animal for adoption that is classified in this ordinance as prohibited.
Animals will be euthanised by an injection of sodium pentobarbital or substances approved for
euthanasia by the American Veterinary Medical Association and/or the Texas Veterinary Medical
Association. All animals listed as endangered or protected will he transferred to the proper authority
at the earliest possible date, if transportation is allowed by state law.
SECTION 3. ANIMALS HELD ON COMPLAINT:
If a complaint has been filed in Municipal Court for the City of Stephenville against the owner of
an impounded animal for a violation of this ordinance, the animal will not be released except on the
order of the Animal Control Division. The Animal Control Division may also direct the owner to
pay any penalties for violation of this ordinance in addition to all impoundment fees. Surrender of
an animal by the owner to the Animal Control Division does not relieve or render the owner immune
from the decision of the court, nor from the fees and fines which may result from a violation of this
ordinance.
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SECTION 4. REMOVAL OF ANIMALS FROM CONFINEMENT:
No person shall remove from any place of confinement any dog or cat which has been confined as
authorized, without the consent of the impounding agency.
SECTION 5. ANIMALS AT LARGE:
(A) No person owning or harboring an animal will permit such an animal to run at large.
The animal control officer or his agent and peace officers are authorized to impound any animal
mentioned in this ordinance which is in violation of this section.
(B) Any officer of the City of Stephenville is hereby authorized to take up and deliver to the
Erath County Humane Society any animal mentioned in this ordinance that may be found at large
in the corporate limits of the City, subject to the applicable provisions of the law. Any person
harboring such an animal who fails to notify and/or surrender the animal to the Animal Control
Division is subject to civil and/or criminal action.
SECTION 6. CONFINEMENT DURING ESTRUS:
Any unsterilized female animal in the state of estrus (heat) will be confined during such period of
time in a house, building, or secure enclosure. The area of enclosure will be so that no undesirable
animal may gain access to the confined animal. Owners who do not comply will be ordered to
remove the animal in heat to a veterinary hospital. All expenses incurred as a result of this
confinement will be paid by the owner. Failure to comply with the removal order of the Animal
Control Division will be a violation of this ordinance and the animal will then be impounded as
prescribed in this ordinance.
SECTION 7. FEES:
All impoundment fees will be assessed by the Stephenville City Council.
ARTICLE 6. DOGS AND CATS
SECTION 1. RESTRAINT:
Each dog or cat, when outside the owner's building, house, or fence, must be restrained by its owner.
This restraint may be in the form of a pet carrier, leash, chain, or other material appropriate to the
size and weight of the dog or cat. Any unrestrained dog or cat may be detained or impounded by
the Animal Control Division. If the dog or cat has no identification, it will be considered a stray and
be subject to Article 11 of this ordinance.
SECTION 2. OWNERSHIP:
No person will keep or harbor more than three (3) dogs or cats at one time within the city limits. A
litter of puppies or kittens may be kept, until they reach the age of three (3) months, without
violating this ordinance.
SECTION 3. MULTIPLE PET PERMIT:
If a person wishes to own more than three (3) dogs or cats, and does not qualify for a kennel permit
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as outlined in Article 10, he may apply for a Multiple Pet Permit. In order to receive a Multiple Pet
Permit, the owner must meet the following requirements:
(A) Sign a sworn statement that they are not (commercially or individually) boarding,
breeding, or selling animals for profit.
(B) Provide a minimum outside space of four hundred (400) square feet provided for each
dog.
(C) Provide adequate protection from the weather for each dog in the form of a shelter with
three sides and a roof, that provides enough room for the dog(s) to stand up, lie down, and turn
around.
(D) Pay an annual fee that will be assessed by the Stephenville City Council.
(E) Any holder of a Multiple Pet Permit permitted under this ordinance found to be in
violation of any applicable law of the City of Stephenville or the State of Texas, or whose property
is maintained in such a manner as to be detrimental to the health, safety, or peace of mind of persons
residing in the immediate vicinity, may have his/her Multiple Pet Permit revoked without prior
notice by the City Administrator or his/her designee.
(F) At no time will the total number of dogs and cats over the age of three (3) months exceed
six (6) per household.
SECTION 4. RABIES VACCINATION:
(A) Any dog or cat three (3) months of age or older within the city limits must be vaccinated
against rabies. All such dogs or cats will be re -vaccinated at one (1) year intervals thereafter. Any
person establishing residence within the City of Stephenville will comply with this section within
the (10) days of establishing such residency.
(B) If any unvaccinated dog or cat inflicts a bite, scratch, or otherwise attacks any person
within the City limits a rabies vaccine will not be administered to the dog or cat until that animal is
released from quarantine.
(C) Every dog or cat three (3) months of age or older is required to wear a current rabies tag
attached to their collar as proof that they have received a rabies vaccination. The dog or cat owner
is required to present a current rabies vaccination certificate upon the request of the Animal Control
Division or any police officer.
SECTION 5. LICENSE:
All dogs and cats three (3) months of age or older which are kept, harbored, or maintained within
the corporate limits of the City shall be licensed. To receive a license, the owner must show proof
of a current rabies vaccination, in the form of a rabies vaccination certificate, and pay the required
licensing fee for each animal. The license shall be valid for exactly one (1) year from the issue date.
The license may be obtained from the city of Stephenville or any licensed veterinarian within Erath
County.
SECTION 6. FEES:
All licensing fees will be assessed by the Stephenville City Council.
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SECTION 7. TAG
A tag will be issued to each licensed pet and should be displayed on the animal at all times.
Replacement tags for lost or stolen tags may be obtained by presenting the receipt for the current
year's license fee and paying a replacement tag fee to be assessed by the Stephenville City Council.
Tags are not transferable and no refunds will be made.
SECTION 8. GUARD DOGS:
All guard dogs will obtain a permit from the City. The area or premises where such dog is confined
will be conspicuously posted with warning signs bearing letters not less than two (2) inches high,
stating "GUARD DOG ON PREMISES."
(A) Said area of premises will be subject to inspection by the Animal Control Division to
determine that the animal in question is maintained and secured at all times in such a manner so as
to prevent it from coming in contact with the public.
(B) The dog will be issued a tag by the City and the owner must pay an annual fee to be
assessed by the Stephenville City Council. The Guard Dog permit will expire one (1) year from date
of issuance and is not transferable. The tag must be secured to the collar or harness of the dog at all
times
(C) Dogs permitted under this Section will not be required to obtain a city license, but will
be required to comply with all provisions of this Ordinance.
SECTION 9. LATE FEE:
For the purpose of this ordinance, a late fee may be assessed under the following conditions:
(A) Failure to obtain a license for a dog or cat that is over three (3) months of age.
(B) Failure to renew license within ten (I O)days of expiration of current license.
(C) Failure to obtain license within ten (10) days of the animal taking up residence in
Stephenville.
(D) All late fees will be asssessed by the Stephenville City Council.
SECTION 10. REVOCATION OF LICENSE:
(A) The City Administrator or his/her designee may revoke any cat or dog license after a
hearing for any one or more of the following reasons:
(1) Impoundment of a cat or dog by the City more than three (3) times during a
twelve (12) month period; or
(2) If the dog or cat in question has been involved in a conviction violating this
article more than three (3) times; or
(3) Any combination of (1) and (2) totaling three (3) incidents; or
(4) Upon a determination that the animal is a dangerous dog, as defined in Article 8.
(B) Upon revoking the license of any animal, the City Administrator or his/her designee will
notify the owner in writing. Written notification will be completed when a certified letter, return
receipt requested, addressed to the last known mailing address of the cat or dog's owner is deposited
in the U.S. Mail.
(C) Ten (10) days after written notification of revocation, as provided above, is made, no
animal which has had its license revoked will be kept, maintained, or harbored within the City limits.
Each twenty-four (24) hour period will constitute a separate violation.
(D) The Animal Control Division will have the authority to conduct random or city wide
verification programs in a manner calculated to determine compliance with the license and rabies
vaccination requirements.
ARTICLE 7. LIVESTOCK
SECTION 1. GENERAL CARE:
(A) No owner of any livestock will maintain yards, pens, stables, sheds or other enclosures
in which any livestock is confined in such a manner as to give off odors offensive to a person of
ordinary sensibilities residing in the vicinity; to breed or attract flies, mosquitoes or other noxious
insects or rodents; in any manner to endanger the public health, safety or welfare; or to create a
public nuisance.
(B) Manure and droppings will be removed from yards, pens, stables, sheds or other
enclosures regularly, based on size and number of animals. This waste matter must be handled or
disposed of in such a way as to keep the premises free of any nuisance.
SECTION 2. ENCLOSURES:
(A) No owner will keep any horse, cow, cattle, sheep, donkey, burro, llama, poultry or goat
within one hundred (100) feet of another residence or occupied building, or any swine within five
hundred (500) feet of another residence or occupied building.
(B) Adequate shelter will be provided for each animal. The shelter must be of sufficient size
to allow each animal to stand up, lie down, and turn around in a natural position.
(C) There will be a minimum space for stable and lot of one-half acre (21,780 square feet)
for each horse, mule, donkey, burro, or cow. Each additional animal of this type must be given an
additional one-half acre.
(D) There will be a minimum space for stable and lot of one-fourth acre(10,890 square feet)
for each goat, sheep or swine. Each additional animal of this type must be given an additional one-
fourth acre.
(E) There will be a minimum space for pens, coops, and yards of ten (10) square feet for each
poultry. Each additional animal of this type must be given an additional ten (10) square feet.
(F) All fences and gates must be in good repair and be strong enough to hold the animals
enclosed within.
SECTION 3. PERMITS/FEES/EXEMPTIONS:
(A) Each livestock owner must submit an application for a livestock permit with the Animal Control
Division. The applicant must meet all standards outlined in this article and pay the required fee
before a permit will be issued. The Animal Control Division has the right to inspect the applicant's
property to ensure that all standards are met before the permit is issued. The permit will be valid for
one (1) year from the issue date.
(B) All livestock permit fees will be assessed by the Stephenville City Council.
(C) Any student who participates in a school sponsored agricultural program or project,
which livestock is a part of, must still apply for a livestock permit and meet all standards outlined
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in this ordinance. However, if the student can provide written proof of participation in a school
sponsored program or project, the livestock fee may be waived for the duration of the program or
project. If the livestock is kept beyond the duration of the program, the livestock fee must be paid
by the owner. Applications for exceptions to other requirements, for school sponsored agricultural
programs or projects only, may be submitted to the Stephenville City Council's Public Health and
Safety Committee.
SECTION 4. BOARDING/RIDING STABLES:
All boarding/riding stables as defined herein will, in addition to other requirements of this City,
comply with the minimum standards of this section as well as other State Laws that apply. All
boarding/riding stables as defined will be one thousand (1000) feet from any other private residence.
(A) All buildings and sheds used for stabling animals will be well lit, ventilated, and provide
adequate protection from the weather. All buildings and sheds used for stabling animals will be kept
clean and in good repair at all times. Manure and urine will be removed therefrom daily. Acceptable
bedding material must be provided. Any enclosure where animals are kept will be graded and raked
to keep the surface reasonably dry.
(B) Animals let for riding/teaching purposes must be in good physical condition.
(C) Boarding/riding stables which rent or lend horses to the general public for pleasure riding
and/or lessons, will also adhere to the following standards:
(1) Animals exhibiting the following will be deemed unfit for work:
(a) Sores or abrasions caused or likely to be irritated by the bearing of
services, girth, harness or bridles, unless packing could be utilized.
(b) Serious injury or illness
(D) All boarding/riding stables will be required to apply for a permit from the city. All
requirements defined in this section, as well as any applicable State Laws, must be met before a
permit will be issued. The stables will be subject to an inspection by the Animal Control Division
before a permit is issued.
(E) All boarding/riding stable permit fees will be assessed by the Stephenville City Council.
(F) The Animal Control Division may order a quarantine of the entire premises where the
animals are being stabled or any part thereof or on any particular animal for any of the following
reasons:
(1) Excessive parasitism, diagnosed by a veterinarian which would cause the animal
to be unfit to be ridden or driven.
(2) General malnutrition as diagnosed by veterinarian.
(3) Presence or suspicion of transmissible disease as diagnosed by a qualified
veterinarian.
(G) Facilities will be subject to inspection by an Animal Control Officer upon his/her request
during reasonable hours.
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ARTICLE 8. DANGEROUS DOGS
SECTION 1. REQUIREMENTS FOR OWNER OF A DANGEROUS DOG:
(A) Not later than the fifth (5th) day after a person learns that the person is the owner of a
dangerous dog, the person will:
(1) register the dangerous dog with the Animal Control Division;
(2) restrain the dangerous dog at all times on a leash in the immediate control of a
person or in a secure enclosure; and
(3)obtain liability insurance coverage or show financial responsibility in an amount
of at least $100,000 to cover damages resulting from an attack by the dangerous dog causing
bodily injury to a person.
(B) A person learns that the person is the owner of a dangerous dog when:
(1) the owner knows of an attack described in Section 1 of this Article; or
(2) the owner is informed by the animal control authority that the dog is a dangerous
dog.
(C) If a person reports an incident described in Section 1 of this Article, the Animal Control
Division must investigate the incident. If, after receiving the sworn statements of any witnesses or
any other credible evidence, the animal control authority determines the dog is a dangerous dog, it
will notify the owner of the fact. Notification will be within five (5) working days and, if the Animal
Control Division cannot personally deliver the notice, it will be made by certified mail, return receipt
requested. If this fails, notification may be made by ordinary mail or by leaving a copy of the notice
at the owner's residence.
(D) An owner, not later than the tenth (1 Oth) day after the date the owner is notified that a
dog is a dangerous dog, may appeal the determination of the Animal Control Division to the
municipal court. An owner may appeal the decision of the justice or municipal court in the same
manner as appeal for other municipal cases.
SECTION 2. REGISTRATION OF A DANGEROUS DOG:
(A) The Animal Control Division may annually register the dangerous dog if the owner:
(1) presents proof of:
(a) liability insurance or financial responsibility, as required by Section 1;
(b) current rabies vaccination of the dangerous dog; and
(c) a secure enclosure, as defined in Chapter 822, Subchapter D, 882.041(4),
Texas Health and Safety Code, in which the dangerous dog will be kept; and
(2) pays an annual registration fee that will be assessed by the Stephenville City
Council.
(3) submits a color photograph of the dangerous dog for identification purposes.
(B) The dangerous dog must be kept at least one hundred (100) feet from any other residence
or occupied building.
(C) The Animal Control Division will provide the owner a registration tag, which must be
placed on the dog's collar.
(D) If an owner of a registered dangerous dog sells or moves the dog to a new address, the
owner, not later than the seventh (7th) day after the date of the sale or move, will notify the Animal
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Control Division of the new owner's address. On presentation by the current owner of the dangerous
dog's prior registration tag and payment of a fee that will be assessed by the Stephenville City
Council, the Animal Control Division will issue a new registration tag to be placed on the dangerous
dog's collar.
(E) An owner of a registered dangerous dog will notify the office in which the dangerous dog
was registered of any attacks the dangerous dog makes on people or animals.
SECTION 3. ATTACK BY A DANGEROUS DOG:
(A) A person commits an offense if the person is the owner of a dangerous dog and the dog
makes an unprovoked attack on another person outside the dog's enclosure and causes bodily injury
to the other person.
(B) An offense under this section is a Class C misdemeanor, unless the attack causes serious
bodily injury or death, in which case the offense is a Class A misdemeanor.
(C) If a person is found guilty of an offense under this section the dangerous dog may be
considered non-registerable and ordered destroyed.
(D) In addition to criminal prosecution, a person who commits an offense under this Section
is liable for a civil penalty not to exceed $10,000. An attorney having civil jurisdiction in the county
or an attorney for a municipality where the offense occurred may file suit in a court of competent
jurisdiction to collect the penalty. Penalties collected under this subsection will be retained by the
city of Stephenville.
ARTICLE 9. ANIMAL BITES
SECTION 1. REPORTING BITES/SCRATCHES:
Every physician or other medical practitioner who treats a person or persons for any animal
bite/scratch, or any person having knowledge of an animal bite/scratch, will immediately report such
treatment to the Stephenville Police Department.
SECTION 2. REPORTING SUSPECTED RABIES:
(A) A person who knows of an animal bite or scratch to an individual that the person could
reasonably foresee as capable of transmitting rabies, or who knows of an animal that the person
suspects is rabid, will report the incident or animal to the Stephenville Police Department
immediately.
(B) The report must include the name and address of the victim and of the animal's owner,
if known, and any other information that may help in locating the victim or animal.
SECTION 3. QUARANTINE OF SUSPECTED RABIES:
(A) The Animal Control Division or a veterinarian will quarantine or test any animal that is
believed to be rabid, may have been exposed to rabies, or may have exposed a person to rabies.
(B) An owner will submit for quarantine an animal that:
(1) is reported to be rabid or to have exposed an individual to rabies; or
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(2) the owner knows or suspects is rabid or has exposed an individual to rabies.
(C) The quarantine period for all animals will be in accordance with the requirements set by
the Texas Board of Health..
(D) The animal will be quarantined at the Shelter or at a veterinarian clinic of the owner's
choice, at the owner's expense.
(E) If the animal cannot be maintained in a secure guarantine, it shall be humanely destroyed
and the brain submitted to a Texas Department of Health certified laboratory for the
rabies diagnosis.
(1) If owner of animal is known, the owner will be obligated to pay costs of
packaging and shipping, or
(2) If owner is unknown, the City of Stephenville will be obligated to pay costs of
packaging and shipping.
ARTICLE 10. KENNELS
SECTION 1. PERMITS:
A kennel will not be allowed until a kennel permit has been issued by the Animal Control Division.
The Animal Control Division may require an inspection before the permit will be issued. No kennel
may operate within one hundred (100) feet of any other person's building. Any animal residing in
a kennel for any length of time must comply with all other applicable articles in this ordinance.
Permits will be valid for one (1) year from date of issuance. The permit fee will be assessed by the
Stephenville City Council.
SECTION 2. REVOCATION OR SUSPENSION OF PERMIT:
Any kennel permitted under this ordinance found to be in violation of any applicable law of the City
of Stephenville or the State of Texas, or that is maintained in such a manner as to be detrimental to
the health, safety or peace of mind of persons residing in the immediate vicinity, may have its kennel
permit suspended or revoked without prior notice by the City Administrator or his/her designee.
ARTICLE 11. ESTRAYS
SECTION 1. UNATTENDED ESTRAY:
It will be unlawful for any person, firm or corporation to allow an estray to be at large within the city
limits of Stephenville. The party having ownership or right to immediate control of such estray will
have the burden to keep such estray off any property other than their own in the City.
SECTION 2. IMPOUNDMENT:
As required by state law, it will be the duty of the Erath County Sheriffs office to take up any and
all estray that may be found within the City of Stephenville and to impound such estray.
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ARTICLE 12. PROHIBITED ANIMALS/EXEMPTIONS
SECTION 1. PROHIBITED ANIMALS:
Animals which are considered "high risk" under the Texas Rabies Control Act and are prohibited
within the city limits are skunks, bats, coyotes, foxes, and raccoons. Any hybrid of these breeds is
also prohibited. Other animals which may be considered dangerous and are prohibited include, but
are not limited to: venomous reptiles, constrictor reptiles, elephants, rhinoceros', wolves, lions,
tigers, ocelots, cougars, leopards, cheetahs, jaguars, hyenas, bears, lesser pandas, binturangs,
ostriches, emus, rheas, apes, or any hybrid of these animals.
SECTION 2. EXEMPTIONS:
This Article does not apply to:
(A) Zoological Parks accredited by the American Association of Zoological Parks and
Aquariums.
(B) Federally -licensed research institutions.
(C) Any government agency or its employee who use the animals in relation to an education,
propagation, or behavior program.
ARTICLE 13. PENALTIES/ SEVERANCE/ REPEALER
SECTION 1. PENALTY FOR VIOLATION:
Any person who violates any of the provisions of this ordinance will be guilty of a Class C
Misdemeanor and upon conviction thereof, will be punished by a fine not to exceed five hundred
dollars ($500.00). Each day of violation will constitute a separate offense.
SECTION 2. SEVERANCE CLAUSE:
If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be
invalid, such decision will not affect the validity of the remaining portions of this ordinance.
SECTION 3. REPEALER:
All ordinances and parts of ordinances in conflict here with are hereby repealed on the effective date
of this ordinance, which will be ten (10) days from passage and publication as required by law.
Passed and Approved this 17" day of November, 1998.
Mayor
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ATTEST:
Approved as to form and legality:
0
Randy Thomas, City Attorney
Reviewed by Donald B. Davis,
City Administrator
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